__ 

THE 

GENERAL  ORDINANCES 

OF  THE 

CITY  OF  SAINT  JOSEPH 

(A  CITY  OF  THE  SECOND  CLASS) 

EMBRACING 

ALL  ORDINANCES  OF  GENERAL  INTEREST  IN 
FORCE  JULY  15,  1897. 

TOGETHER  WITH  THE 

LAWS  OF  THE  STATE  OF  MISSOURI 

OF  A 

GENERAL  NATURE  APPLICABLE  TO  ir 
CITY  OF  ST.  JOSEPH 

COMPILED  AND  ARRANGED  BY          H|BB 

CHARLES  S.  SHEPHERD,  CITY  CLERK 

UNDER  THE  SUPERVISION  OF 

HON.  WILLIAM  K.  AMICK,  CITY  COUNSELOR. 


Compiled  and  Published  by  Authority  of  the  City  of  Si.  Joseph 


ST.  JOSEPH,  Mo. : 

COMBE  PRINTING  Co. 

1897. 


THE 

GENERAL  ORDINANCES 


OF  THE 


CITY  OF  SAINT  JOSEPH 

(A  CITY  OF  THE  SECOND  CLASS) 

EMBRACING 

ALL  ORDINANCES  OF  GENERAL  INTEREST  IN 
FORCE  JULY  15,  1897 

TOGETHER  WITH  THE 

LAWS  OF  THE  STATE  OF  MISSOURI 

OF*A 

GENERAL  NATURE  APPLICABLE  TO  THE 
CITY  OF  ST.  JOSEPH 


COMPILED  AND  ARRANGED  BY 

CHARLES  S.   SHEPHERD,  CITY  CLERK 

UNDER  THE  SUPERVISION  OF 

HON.   WILLIAM  K.   AMICK,  CITY  COUNSELOR. 


Compiled  and  Published  by  Authority  of  the  City  of  St.  Joseph, 


ST.  JOSEPH,  Mo.: 

COMBE  PRINTING  COMPANY. 

1897. 


R  A 

OF  THE 

UNIVERSITY 

or  J 


••« 

107 


Printed  copies  of  the  ordinances  of  any  city  *  *  *  purporting 
to  be  published  by  authority  of  such  city ;  *  *  *  and  any  printed 
pamphlet  or  volume  purporting  to  be  published  by  authority  of  any 
such  city,  and  to  contain  the  ordinances  *  *  *  of  such  city,  shall 
be  evidence  in  all  courts  and  places  within  this  state,  of  such  ordi- 
nances *  *  *  . 

— [R.  S.  1889,  Sec.  4846. 


TABLE  OF  CONTENTS. 


CONSTITUTION    OF   THE    STATE   OF   MISSOURI. 

PAGE 

ARTICLE  II— Bill  of  rights 3 

ARTICLE  IV— Legislative  department 3 

ARTICLE  IX— Counties,  cities  and  towns 4 

ARTICLE  X— Revenue  and  taxation 6 

A  RTICLE  XI— Education 9 

ARTICLE  XIV — Miscellaneous  provisions 10 

ORGANIZATION  AND  CLASSIFICATION  OF  CITIES. 

ARTICLE  I — Cities  of  the  second  class 13 

ARTICLES  OF   INCORPORATION. 

ARTICLE  I — An  ordinance  providing  that  the  city  of  St.  Joseph 

be  incorporated  as  a  city  of  the  second  class 18 

ARTICLE  II— Corporate    powers— enlargement    of    city    limits- 
creation  of  wards 22 

ARTICLE  III— Common  council 26 

A  ISTICLE  IV— Mayor 30 

ARTICLE  V— City  officers— elections 32 

ARTICLE  VI— Duties  of  officers 37 

ARTICLE  VII— City   ordinances    43 

ARTICLE  VIII— General  powers  of  mayor  and  common  council.  .  4."» 

ARTICLE  IX— Revenue— levy  of  taxes 62 

ARTICLE  X— Indebtedness— bonds 104 

ARTICLE  XI— condemnation    of  private  property  for  public  use.  114 

ARTICLE  XII— Change  of  established  grade— grading  streets...  119 

ARTICLE  XIII— Grading  and  paving  streets 125 

ARTICLE  XIV— Boulevards— special  tax— sprinkling  and  cleaning 

streets    136 

ARTICLE  XV— Plan  of  streets— additions  and  plats 140 

ARTICLE  XVI— Sewers 143 

ARTICLE  XVII— Fire  department 146 

ARTICLE  XVIII— Parks 155 

ARTICLE  XIX— Public  library 156 

ARTICLE  XX— Charity  board .  .                                     162 


22500 


'lv  TABLE  OF  CONTENTS. 

PAGK 

ARTICLE  XXI— Police  force— Commissioners KM 

ARTICLE  XXII— Board  of  public  works ITS 

ARTICLE  XXIII— Public  works,  bonds  of  contractors  for IX" 

ARTICLE  XXIV— Franchises,  sale  of 188 

ARTICLE  XXV— Water.    gas.    electric,    telephone   and    telegraph 

Plants 190 

ARTICLE  XXVI— Street  railways 193 

ARTICLE  XXVII— Burial  ground    1!)8 

ARTICLE  XXVIII— Riot,  damage  by 19<j 

ARTICLE  XXIX— Damages— action  for  damages  for  personal  in- 
juries   200 

ARTICLE  XXX— Registration 202 

ARTICLE  XXXI — Miscellaneous  provisions 212 

ARTICLE  XXXII— References  to  laws  affecting  cities  of  the  sec- 
ond class,  but  not  contained   in  the  general  law 

governing  such  cities 214 

GENERAL   ORDINANCES. 

CHAPTER  I— Abstracter  of  titles v. 225 

CHAPTER  II— Accidents,  evidence  to  be  preserved 225 

CHAPTER  III — Amusements — shows 228 

CHAPTER  IV— Assessor i':;.", 

CHAPTER  V— Attorney— city  attorney . .  .  •. 235 

CHAPTER  VI— Auctioneers 230 

CHAPTER  VII— Auditor  of  city 237 

CHAPTER  VIII— Bakeries 240 

CHAPTER  IX— Banks 241 

CHAPTER  X— Billiard  and  other  tables 241 

CHAPTER  XI— Bill  posters— bill  boards 242 

CHAPTER  XII — Boilers — Steam  boilers;  inspection  of,   etc 245 

CHAPTER  XIII— Bonds  of  city  officers 254 

CHAPTER  XIV— Boundaries— municipal  boundaries 255 

Article  1— Corporate  limits 255 

Article  2— Ward  boundaries 250 

Article  3— Subdivision  of  wards 258 

CHAPTER  XV— Buildings 261 

Article  1 — Buildings;   survey  and   inspection  of 261 

Article  2— Permits  by  superintendent  of  buildings 2(54 

Article  3— Unsafe  buildings 267 

Article  4— Construction  of  buildings 270 

Article  5— Removal  of  buildings 27(5 

Article  6— Numbering  of  buildings 277 


TABLE  OF  CONTENTS,  v 

PAGE 

CHAPTER  XVI— Chimney  sweep 279 

CHAPTER  XVII— Clerk— city  clerk 281 

CHAPTER  XYIII— Committees 284 

CHAPTER  XIX— Common  Council 285 

CHAPTER.  XX— Comptroller 280 

CHAPTER  XXI— Condemnation  of  private  property,  etc 290 

CHAPTER  XXII— Contracts— awn r<ls  for  public  work 292 

CHAPTER  XXIII— Counselor 29."} 

CHAPTER  XXIV— Dogs 290 

CHAPTER  XXV— Dramshops .• 301 

CHAPTER  XXVI— Elections 308 

CHAPTER  XXVII— Electrician— city  electrician 314 

CHAPTER  XXVIII— Engineer— city  engineer / 318 

CHAPTER  XXIX— Factories— inspection  of 321 

CHAPTER  XXX— Fire  department,  etc 322 

Article  1— Department  and  regulations 322 

Article  2— Fire  limits 329 

Article  3— Fire  escapes :>.">:{ 

Article  4 — Prevention  of  fires 330 

Article  5— Storage  of  combustibles 339 

CHAPTER  XXXI— Garbage 341 

CHAPTER  XXXII— Gunpowder 344 

CHAPTER  XXXIII— Health  department 340 

Article  1— Board  of  health 340 

Article  2— Health  officer 353 

Article  3— Clerk   of  board   of  health 355 

Article  4— City  hospital 357 

Article  5 — City  dispensary 358 

Article  0 — Mortuary  records 359 

Article  7— Vital  statistics 301 

Article  8— Quarantine 302 

CHAPTER  XXXIV— Highways 308 

Article  1— Names  of  streets SOS 

Article  2— Grades  of  streets 409 

Article  3— Grading,  improvement  and  repair  of  streets 429 

Article  4 — Excavating  in   streets 430 

Article  5— Obstruction  of  streets,   sidewalks,  etc 441 

Article  0— Classification  and   construction  of  sidewalks....  448 

Article  7— Repair  of  sidewalks 450 

CHAPTER  XXXV— Hotels  and  boarding  houses 400 

CHAPTER  XXXVI— Hucksters.  .  .   401 


vi  TABLE  OF  CONTEXTS. 

PAGE 

CHAPTER  XXXVII— Ice 462 

CHAPTER  XXXVIII— Inipoimder 464 

Article  1— Impounder;  duties  of 464 

Article  2— Impounding  live  stock 46(1 

CHAPTER  XXXIX— Inspector  of  license,  weights  and  measures.   46S 

CHAPTER  XL— Insurance  companies 471 

CHAPTER  XLI — Intelligence  offices 472 

CHAPTER  XLII — Junk  dealers 473 

CHAPTER  XLIII — Licenses 475 

CHAPTER  XLIV— Livery  stables 484 

CHAPTER  XLV— Markets 4S5 

Article  1— Markets;  regulations  for 485 

Article  2— Market  master 41)0 

CHAPTER  XLVI— Mayor 491 

CHAPTER  XLVII— Meat   shops 4J)3 

CHAPTER  XLVIII— Merchant's  license 495 

CHAPTER  XLIX— Milk 501 

CHAPTER  L— Misdemeanors 506 

Article  1 — Miscellaneous   offenses    506 

Article  2— Penalties 521 

CHAPTER  LI— Nuisances 52:2 

CHAPTER  LII— Officers  and  employes,  city 531 

CHAPTER  LIII— Ordinances 5:;<; 

CHAPTER  LIV— Parks 539 

Article  1— Public  parks 53!> 

Article  2— Park  commissioners 542 

CHAPTER  L V — Passenger  depots 543 

CHAPTER  LVI— Pawnbrokers 545 

CHAPTER  LVII— Peddlers 549 

CHAPTER  L VIII— Pictures  or  photographs,  enlarging  of 55<  > 

CHAPTER  LIX— Police  court 551 

Article  1— Police  court 551 

Article  2— Secretary  of  police  court 561 

Article  3— Contempt • 562 

CHAPTER  LX— Printing— city  printing 564 

CHAPTER  LXI— Railways— steam  railways  5(5(5 

CHAPTER  LXII— Railways— street  railways 570 

Article  1— General  provisions  for  street  railways 570 

Article  2— Reconstruction  and  paving  of  street  ralway  tracks  577 

Article  3— Plank  crossings  for  street  railway  tracks 581 

CHAPTER  LXIII— Reports  and  accounts 582 


TABLE  OF  CONTEXTS.  vii 

PAGE 

CHAPTER  LXIV — Revenue— unredeemed   property 584 

CHAPTER  LXV— Runners 585 

CHAPTER  LXVI— Scales  and  weighers 587 

Article  1— Public  scales 587 

Article  2— City  weigh  master 580 

CM APTER  LX  VII— Scavengers 592 

CHAPTER  LXVIII— Seal  of  city 59(5 

CHAPTER  L,XIX— Second  hand  dealers 59G 

CHAPTER  LXX — Sewers  and  private  drains 597 

CHAPTER  LXXI— Storage   houses 641 

( 'ii  AFTER  LXXII — Street  commissioner 641 

CHAPTER  LXXIII— Telegraph  and   Express  companies 64;> 

CHAPTER  LXXIV— Time .643 

CHAPTER  L/XXV— Treasurer— city 644 

CHAPTER  LXX VI— Trees— shade  an. I  orna mental  trees 647 

CHAPTER  LXXVII— Vagrants 648 

CHAPTER  LXXVIII— Vehicles 652 

Article  1— Vehicles— rates  of  license  and  regulations  for....  652 

Article  2— Express  and  job  wagon  stand 656 

Article  3— Bicycles,  etc 657 

CHAPTER  LXXIX— Wood 659 

CHAPTER  LXXX— Workhouse 660 

Authentication  of  general  ordinances 668 

Index  to  laws 669 

Index  to  general  ordinances 705 


CONSTITUTION 


OF 


THE  STATE  OF  MISSOURI 

1875- 


PROVISIONS  AFFECTING  CITIES. 


Constitution  of  the  State  of  Missouri 

187$. 


PROVISlOiNS  AFFECTING  CITIES. 


ARTICLE  II. 

BILL  OF  RIGHTS. 

SECTION.    18.    Officers  to  attend  personally  to  duties. 

SECTION  18.  Officers  to  attend  personally  to  du- 
ties.— That  no  person  elected  or  appointed  to  any  office  or  em- 
ployment of  trust  or  profit  under  the  laws  of  this  state,  or  any 
ordinance  of  any  municipality  in  this  state,  shall  hold  such 
office  without  personally  devoting  his  time  to  the  performance 
of  the  duties  to  the  same  belonging. 

ARTICLE  IV. 
LEGISLATIVE  DEPARTMENT. 

SECTION.     47.     Municipalities,  loaning  credit  of. 

SECTION  47.     Municipalities,  loaning  credit  of.— 

The  General  Assembly  shall  have  no  power  to  authorize  any 
county,  city,  town  or  township,  or  other  political  corporation 
or  subdivision  of  the  state  now  existing,  or  that  may  be 
hereafter  established,  to  lend  its  credit,  or  to  grant  public 
money  or  thing  of  value  in  aid  of  or  to  any  individual,  'asso- 
ciation or  corporation  whatsoever,  or  to  become  a  stockholder 
in  such  corporation,  association  or  company  :  Provided,  that 
this  shall  not  be  so  construed  as  to  prohibit  the  General  Assem- 
bly from  providing  by  law  for  authorizing  the  creation,  mainte- 


4:  CONSTITUTION  OF  THE  STATE  OF  MISSOURI. 

nance  and  management  of  a  fund  for  the  pensioning  of  crippled 
and  disabled  firemen,  and  for  the  relief  of  the  widows  and  minor 
children  of  deceased  firemen,  by  such  cities,  villages  or  incor- 
porated towns  as  may  have  an  organized  fire  department — said 
fund  to  be  taken  from  the  municipal  revenue  of  such  cities,  vil- 
lages or  incorported  towns.  (Proviso  added  by  amendment 
adopted  Nov.  8,  1892.) 

ARTICLE  IX. 

COUNTIES,  CITIES  AND  TOWNS. 

SECTION.  SECTION. 
2.    All  additions  to  be  part  of  county  7.      Classification  of  cities  and  towns. 

seat.  13.    Fees  of  officers  limited. 

6.    Subscription    to    capital    stock   of  14.    Additional  officers. 

corporations,    etc.,   prohibited.  18.    No  person  to  hold  two  offices. 

SECTION  2.     All    additions    to  be  part  of    county 

seat. — *  *  *  All  additions  to  a  town,  which  is  a  county  seat, 
shall  be  included,  considered  and  regarded  as  part  of  the  county 
seat. 

SEC.  6.  Municipalities  not  to  subscribe  to  cap- 
ital stock  of  corporations.  —No  county,  township,  city 
or  other  municipality  shall  hereafter  become  a  subscriber  to 
the  capital  stock  of  any  railroad  or  other  corporation  or  asso- 
ciation, or  make  appropriation  or  donation,  or  loan  its  credit 
to  or  in  aid  of  any  such  corporation  or  association,  or  to  or  in 
aid  of  any  college  or  institution  of  learning  or  other  institution, 
whether  created  for  or  to  be  controlled  by  the  state  or  others. 
All  authority  heretofore  conferred  for  any  of  the  purposes 
aforesaid  by  the  General  Assembly,  or  by  the  charter  of  any 
corporation,  is  hereby  repealed  :  Provided,  however,  that 
nothing  in  this  constitution  contained  shall  affect  the  right  of 
any  such  municipality  to  make  such  subscription,  where  the 
same  has  been  authorized  under  existing  laws  by  a  vote  of  the 
people  of  such  municipality  prior  to  its  adoption,  or  to  prevent 
the  issue  of  renewal  bonds,  or  the  use  of  such  other  means 
as  are  or  may  be  prescribed  by  law  for  the  liquidation  or  pay- 
ment of  such  subscription,  or  of  any  existing  indebtedness. 


PROVISIONS  AFFECTING  CITIES.  5 

SEC.   7.     Classification  of  cities  and  towns. — The 

General  Assembly,  shall  provide,  by  general  laws,  for  the 
organization  and  classification  of  cities  and  towns.  The  num- 
ber of  such  classes  shall  not  exceed  four  ;  and  the  power  of 
each  class  shall  be  defined  by  general  laws,  so  that  all  such 
municipal  corporations  of  the  same  class  shall  possess  the  same 
powers  and  be  subject  to  the  same  restrictions.  The  General 
Assembly  shall  also  make  provisions,  by  general  law,  whereby 
any  city,  town  or  village,  existing  by  virtue  of  any  special  or 
local  law,  may  elect  to  become  subject  to,  and  be  governed  by, 
the  general  laws  relating  to  such  corporations. 

SEC.  13.  Fees  of  officers  limited. — The  fees  of  no 
executive  or  ministerial  officer  of  any  county  or  municipality, 
exclusive  of  the  salaries  actually  paid  to  his  necessary  deputies, 
shall  exceed  the  sum  of  ten  thousand  dollars  for  any  one  year. 
Every  such  officer  shall  make  return,  quarterly,  to  the  County 
Court  of  all  fees  by  him  received,  and  of  the  salaries  by  him 
actually  paid  to  his  deputies  or  assistants,  stating  the  same  in 
detail,  and  verifying  the  same  by  his  affidavit ;  and  for  any 
statement  or  omission  in  such  return,  contrary  to  truth,  such 
officer  shall  be  liable  to  the  penalties  of  willful  and  corrupt 
perjury. 

SEC.  14.  Additional  officers. — Except  as  otherwise 
directed  by  this  constitution,  the  General  Assembly  shall  pro- 
vide for  the  election  or  appointment  of  such  other  county, 
township  and  municipal  officers  as  public  convenience  may 
require  :  and  their  terms  of  office  and  duties  shall  be  prescribed 
by  law  ;  but  no  term  of  office  shall  exceed  four  years. 

SEC.   18.     No  person  to  hold  two  offices. — *     * 

And  no  person  shall,  at  the  same  time,  till  two  municipal  offices, 
either  in  the  same  or  different  municipalities  ;  but  this  section 
shall  not  apply  to  notaries  public,  justices  of  the  peace  or 
officers  of  the  militia. 


CONSTITUTION  OF  THE  STATE  OF  MISSOURI. 


ARTICLE    X. 

REVENUE  AND  TAXATION. 

SECTION.  SECTION. 

1.  The  taxing  power.  10.  Taxes,  how  assessed. 

2.  The  power  to  tax  corporations.  11.  Rate  and  valuation. 

3.  Taxes  may  be  levied.  12.  Not  to  become  indebted  in  excess 

4.  Property,  how  taxed.  of  revenue. 

5.  Railroad  corporations,  how  taxed.  13.  Private  property. 

6.  Property  exempt  from  taxation.  17.  The  making  of  profit. 

7.  Other  exemptions  void.  20.  Moneys  not  to  be  misapplied. 
9.  Cities  liable  for  state  taxes. 

SECTION  1.  The  taxing  power. —  The  taxing  power 
may  be  exercised  by  the  General  Assembly  for  state  purposes, 
and  by  counties  and  other  municipal  corporations,  under 
authority  granted  to  them  by  the  General  Assembly,  for  county 
and  other  corporate  purposes. 

SEC.  2.  Power  to  tax  corporations. —  The  power 
to  tax  corporations  and  corporate  property  shall  not  be  sur- 
rendered or  suspended  by  act  of  the  General  Assembly. 

SEC.  3.  Taxes  may  be  levied. — Taxes  may  be  levied 
and  collected  for  public  purposes  only.  They  shall  be  uni- 
form upon  the  same  class  of  subjects  within  the  territorial 
limits  of  the  authority  levying  the  tax,  and  all  taxes  shall  be 
levied  and  collected  by  general  laws. 

SEC.  4.  Property,  how  taxed. — All  property  sub- 
ject to  taxation  shall  be  taxed  in  proportion  to  its  value. 

SEC.   5.     Railroad  corporations,  how  taxed. — All 

railroad  corporations  in  this  state,  or  doing  business  therein, 
shall  be  subject  to  taxation  for  state,  county,  school,  municipal 
and  other  purposes,  on  the  real  and  personal  property  owned 
or  used  by  them,  and  on  their  gross  earnings,  their  net  earn- 
ings, their  franchises  and  their  capital  stock. 

SEC.   6.     Property    exempt    from    taxation. — The 

property,  real  and  persona],  of  the  state,  counties  arid  other 


PROVISIONS  AFFECTING  CITIES.  7 

municipal  corporations,  and  cemeteries,  shall  be  exempt  from 
taxation.  Lots  in  incorporated  cities  or  towns,  or  within  one 
mile  of  the  limits  of  any  such  city  or  town,  to  the  extent  of 
one  acre,  and  lots  one  mile  or  more  distant  from  such  cities  or 
towns,  to  the  extent  of  five  acres,  with  the  buildings  thereon,' 
may  be  exempted  from  taxation,  when  the  same  are  used  ex- 
clusively for  religious  worship,  for  schools,  or  for  purposes 
purely  charitable  ;  also,  such  property,  real  or  personal,  as  may 
be  used  exclusively  for  agricultural  or  horticultural  societies  ; 
provided,  that  such  exemptions  shall  be  only  by  general  law. 

SEC.  7.  Other  exemptions  void. — All  laws  exempt- 
ing property  from  taxation,  other  than  the  property  above 
enumerated,  shall  be  void. 

SEC.  9.  Cities  liable  for  state  taxes. — No  county, 
city,  town  or  other  municipal  corporation,  nor  the  inhabitants 
thereof,  nor  the  property  therein,  shall  be  released  or  dis- 
charged from  their  or  its  proportionate  share  of  taxes  to  be 
levied  for  state  purposes,  nor  shall  commutation  for  such  taxes 
be  authorized  in  any  form  whatsoever. 

SEC.  10.  Taxes,  how  assessed. — The  General  As- 
sembly shall  not  impose  taxes  upon  counties,  cities,  towns  or 
other  municipal  corporations  or  upon  the  inhabitants  or  prop- 
erty thereof,  for  county,  city,  town  or  other  municipal  pur- 
poses but  may,  by  general  laws,  vest  in  the  corporate  authorities 
thereof  the  power  to  assess  and  collect  taxes  for  such  purposes. 

SEC.  11.  Rate  and  valuation. — Taxes  for  county, 
city,  town  and  school  purposes  may  be  levied  on  all  subjects 
and  objects  of  taxation  ;  but  the  valuation  of  property  therefor 
shall  not  exceed  the  valuation  of  the  same  property  in  such 
town,  city  or  school  district  for  state  and  county  purposes. 
For  city  and  town  purposes  the  annual  rate  on 
property  in  cities  and  towns  having  thirty  thousand  inhabitants 
or  more  shall  not,  in  the  aggregate,  exceed  one  hundred  cents 
on  the  hundred  dollars  valuation  ;  *  *  *  For  school 
purposes  in  districts,  the  annual  rate  on  property  shall 


8  CONSTITUTION  OF  THE  STATE  OF  MISSOURI. 

not  exceed  forty  cents  on  the  hundred  dollars  valuation  ; 
provided,  the  aforesaid  annual  rates  for  school  purposes  may 
be  increased,  in  districts  formed  of  cities  and  towns,  to  an 
amount  not  to  exceed  one  dollar  on  the  hundred  dollars  valua- 
tion, and  in  other  districts  to  an  amount  not  to  exceed  sixty- 
five  cents  on  the  hundred  dollars  valuation,  on  the  condition 
that  a  majority  of  the  voters  who  are  taxpayers,  voting  at  an 
election  held  to  decide  the  question,  vote  for  said  increase. 
For  the  purpose  of  erecting  public  buildings  in  counties,  cities 
or  school  districts,  the  rates  of  taxation  herein  limited  may  be 
increased  when  the  rate  of  such  increase  and  the  purpose  for 
which  it  is  intended  shall  have  been  submitted  to  a  vote  of  the 
people,  and  two-thirds  of  the  qualified  voters  of  such  county, 
city,  or  school  district,  voting  at  such  election,  shall  vote  there- 
for. The  rate  herein  allowed  to  each  county  shall  be  ascer- 
tained by  the  amount  of  taxable  property  therein,  according  to 
the  last  assessment  for  state  and  county  purposes,  and  the  rate 
allowed  to  each  city  or  town  by  the  number  of  inhabitants, 
according  to  the  last  census  taken  under  the  authority  of  the 
state,  or  of  the  United  States  ;  said  restrictions  as  to  rates 
shall  apply  to  taxes  of  every  kind  and  description,  whether 
general  or  special,  except  taxes  to  pay  valid  indebtedness  now 
existing,  or  bonds  which  may  be  issued  in  renewal  of  such 
indebtedness. 

SEC.  12.  Not  to  become  indebted  in  excess  of 
revenue. — No  county,  city,  town,  township,  school  district 
or  other  political  corporation  or  subdivision  of  the  state,  shall 
be  allowed  to  become  indebted  in  any  manner  or  for  any  pur- 
pose to  an  amount  exceeding  in  any  year  the  income  and  rev- 
enue provided  for  such  year,  without  the  assent  of  two-thirds 
of  the  voters  thereof  voting  at  an  election  to  be  held  for  that 
purpose  ;  nor  in  cases  requiring  such  assent  shall  any  indebt- 
edness be  allowed  to  be  incurred  to  an  amount  including  existing 
indebtedness,  in  the  aggregate,  exceeding  five  per  centum  on 
the  value  of  the  taxable  property  therein,  to  be  ascertained  by 
the  assessment  next  before  the  last  assessment  for  state  and 


PROVISIONS  AFFECTING  CITIES.  9 

county  purposes,  previous  to  the  incurring  of  such  indebted- 
ness ;  provided,  that  with  such  assent  any  county  may  be 
allowed  to  become  indebted  to  a  larger  amount  for  the  erection 
of  a  court  house  or  jail.  And  provided  further,  that  any  county, 
city,  town,  township,  school  district,  or  other  political  corpor- 
ation or  subdivision  of  the  state,  incurring  any  indebtedness, 
requiring  the  assent  of  the  voters  as  aforesaid,  shall,  before  or 
at  the  time  of  doing  so,  provide  for  the  collection  of  an  annual 
tax  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls 
due,  and  also  to  constitute  a  sinking  fund  for  payment  of  the 
principal  thereof,  within  twenty  years  from  the  time  of  con- 
tracting the  same. 

SEC.  13.  Private  property. — Private  property  shall 
not  be  taken  or  sold  for  the  payment  of  the  corporate  debt  of 
a  municipal  corporation. 

SEC.  17.  The  making  of  profit. — The  making  of 
profit  out  of  state,  county,  city,  town  or  school  district  money, 
or  using  the  same  for  any  purpose  not  authorized  by  law,  by 
any  public  officer,  shall  be  deemed  a  felony,  and  shall  be  pun- 
ished as  provided  by  law. 

SEC.  20.     Moneys    not    to    be   misapplied.  —  The 

moneys  arising  from  any  loan,  debt  or  liability,  contracted  by 
the  state  or  any  county,  city,  town  or  other  municipal  corpor- 
ation, shall  be  applied  to  the  purposes  for  which  they  were 
obtained,  or  to  the  repayment  of  such  debt  or  liability,  and 
not  otherwise. 

ARTICLE  XI. 

EDUCATION. 

SECTION  11.    Funds  not  to  be  used  for  sectarian  purposes. 

SECTION  11.  Funds  not  to  be  used  for  sectar- 
ian purposes. —  Neither  the  General  Assembly,  nor  any 
county,  city,  town,  township,  school  district  or  other  munici- 
pal corporation,  shall  ever  make  an  appropriation  or  pay  from 
any  public  fund  whatever,  anything  in  aid  of  any  religious 


10  CONSTITUTION  OF  THE  STATE  OF  MISSOURI. 

creed,  church  or  sectarian  purpose,  or  to  help  to  support  or 
sustain  any  private  or  public  school,  academy,  seminary,  col- 
lege, university  or  other  institution  of  learning  controlled  by 
any  religious  creed,  church  or  sectarian  denomination  what- 
ever ;  nor  shall  any  grant  or  donation  of  personal  property  or 
real  estate  ever  be  made  by  the  state  or  any  county,  city,  town 
or  other  municipal  corporation,  for  any  religious  creed,  church 
or  sectarian  purpose  whatever. 

ARTICLE  XIV. 

MISCELLANEOUS  PROVISIONS. 

SECTION.  SECTION. 

5.  Tenure  of  officers.  7.     Removal  from  office. 

6.  Oath  of  office.  8.    The  compensation  or  fees. 

SECTION  5.  Tenure  of  office. —  In  the  absence  of 
any  contrary  provision,  all  officers  now  or  hereafter  elected  or 
appointed,  subject  to  the  right  of  resignation,  shall  hold  office 
during  their  official  terms,  and  until  their  successors  shall  be 
duly  elected  or  appointed  and  qualified. 

SEC.  6.  Oath  of  office.— All  officers,  both  civil  and 
military,  under  the  authority  of  this  state,  shall,  before  enter- 
ing on  the  duties  of  their  respective  offices,  take  and  sub- 
scribe an  oath,  or  affirmation,  to  support  the  constitution  of 
the  United  States  and  of  this  state,  and  to  demean  themselves 
faithfully  in  office. 

SEC.  7.  Removal  from  office. — The  General  Assem- 
bly shall,  in  addition  to  other  penalties,  provide  for  the  removal 
from  office  of  county,  city,  town  and  township  officers,  on  con- 
viction of  willful,  corrupt  or  fraudulent  violation  or  neglect  of 
official  duty. 

SEC.  8.  Compensation  or  fees. — The  compensation 
or  fees  of  no  state,  couuty  or  municipal  officer  shall  be  in- 
creased during  his  term  of  office  ;  nor  shall  the  term  of  any 
office  be  extended  for  a  longer  period  than  that  for  which 
such  officer  was  elected  or  appointed. 


ORGANIZATION 


AND 


CLASSIFICATION  OF  CITIES 


Organization  and  Classification  of  Cities 


AKTICLE  I. 

SECTION  SECTION  » 

1.  Second  class.  3.    Vested  rights  preserved. 

2.  City  may  elect  to  become  a  city  of  4.    Second  city  not  to  be  incorporated. 

the  class,  etc.  5.    Census  may  be  taken,  when.    ' 

SECTION  1.  Of  the  second  class. — All  cities  and 
towns  in  this  state  containing  twenty  and  less  than  one  hun- 
dred thousand  inhabitants,  shall  be  cities  of  the  second  class. 
[fi.  S.  1879,  Sec,  4381. 

SEC.  2.  City  may  elect  to  become  a  city  of  the 
class,  etc. — Any  city  or  town  in  this  state,  existing  by  virtue 
of  the  present  general  law,  or  by  any  local  or  special  law,  may 
elect  to  become  a  city  of  the  class  to  which  its  population 
would  entitle  it  under  the  provisions  of  this  article  by  passing 
an  ordinance  or  proposition,  and  submitting  the  same  to  the 
legal  voters  of  such  city  or  town,  at  an  election  to  be  held  for 
that  purpose,  not  less  than  twenty  nor  more  than  thirty  days 
after  the  passage  of  such  ordinance  or  proposition  ;  and  if  a 
majority  of  such  voters,  voting  at  such  election,  shall  ratify 
such  ordinance  or  proposition,  the  mayor  or  chief  officer  of 
such  city  or  town  shall  issue  his  proclamation  declaring  the  re- 
sult of  such  election,  and  thereafter  such  eity  or  town  shall, 
by  virtue  of  such  vote,  be  incorporated  under  the  provisions  of 
the  general  law  provided  for  the  government  of  the  class  to 
which  such  city  belongs,  which  class  shall  be  determined  by 
the  last  census  taken,  whether  state  or  national.  *  * 
[-ff.  S.  1879,  Sec.  4385. 


14  ORGANIZATION  AND  CLASSIFICATION  OF  CITIES. 

SEC.  3.  Vested  rights  preserved. — All  rights  and 
property  of  every  kind  and  description,  which  were  vested  in 
any  city  under  its  former  organization,  shall  be  deemed  and 
held  to  be  vested  in  such  city  upon  its  becoming  re-organized 
as  provided  in  the  preceding  section  ;  but  no  rights  or  liabil- 
ities, either  in  favor  or  against  such  city,  existing  at  the  time 
of  so  becoming  re-organized,  and  no  suit  or  prosecution  of  any 
kind  shall  be  affected  by  such  change,  but  the  same  shall  stand 
and  progress,  as  if  no  change  had  been  made.  [12.  S.  1879, 
Sec.  4386. 

SEC.  4.     Second  city  not  to  be  incorporated.— 

No  city,  town  or  village  shall  be  organized  within  this  state 
under  and  by  virtue  of  any  law  thereof,  adjacent  to  or  within 
two  miles  of  the  limits  of  any  city  of  the  first,  second  or 
third  class,  or  a  city  having  a  population  sufficient  to  become 
a  city  of  the  first,  second  or  third  class,  unless  such  city,  town 
or  village  be  in  a  different  county  from  such  city.  [It.  8. 
1889,  Sec.  981. 

SEC.  5.     May  cause  census  to  be  taken,  when.— 

Any  city,  town  or  village  within  this  state,  now  incorporated 
under  the  provisions  of  this  chapter,  or  under  any  special  or 
local  law,  as  a  village,  town  or  city  either  of  the  second, 
third  or  fourth  classes^  as  classified  in  said  chapter,  and  in 
which  the  citizens  thereof  desire  incorporation  as  a  village, 
town  or  city  of  a  higher  class,  and  believe  that  since  the  tak- 
ing of  the  last  census,  state  or  national,  there  has  been  suffi- 
cient increase  in  population  to  entitle  it  to  such  desired  incor- 
poration, may,  by  authority  of  an  ordinance,  and  at  the  ex- 
pense of  such  village,  town  or  city,  cause  to  be  taken  a  census 
of  its  population,  and  should  such  census,  when  so  taken,  show 
that  the  village,  town  or  city  taking  the  same,  has  the  requi- 
site population  to  entitle  it  to  the  right  to  become  incorporated 
as  a  village,  town  or  city  of  a  higher  class,  then  such  village, 
town  or  city  may  proceed  to  secure  such  incorporation  as  its 
population  may  then  entitle  it  to,  under  and  by  authority  of 


ORGANIZATION  AND  CLASSIFICATION  OF  CITIES.  15 

the  provisions  of  this  chapter  :  provided,  that  cities  or  towns 
that  have  permitted  their  organization  to  become  dormant  or 
ineffective,  through  a  failure  to  elect  corporate  officers,  or  levy 
a  corporate  tax  for  the  two  years  immediately  preceding,  may, 
by  a  petition  of  the  majority  of  the  tax  payers  of  such  city  or 
town,  to  the  county  court  have  an  enumeration  taken  and  be 
assigned  to  its  proper  class  ;  and  thereupon  the  county  court, 
shall  appoint  the  proper  officers  for  such  city  or  town,  who 
shall  hold  their  office  until  the  next  annual  election  thereafter 
and  until  their  successors  are  elected  and  qualified.  [72.  S. 
1889,  Sec.  982. 


POPULATION 


OF  THE 


CITY  OF  ST.  JOSEPH,  MO 


1880. 

Tenth  United  States  Census 32,431 


1890. 

Eleventh  United  States  Census 


THE  CITY  OF  ST.  JOSEPH 


INCORPORATED  AS  A 


CITY  OF  THE  SECOND  CLASS 


THE  CITY  OF  ST.  JOSEPH 


INCORPORATED  AS  A 


CITY  OF  THE  SECOND  CLASS. 


ARTICLE  1. 

AN  ORDINANCE  PROVIDING  THAT  THE  CITY  OF  SAINT  JOSEPH 
BE  INCORPORATED  AS  A  CITY  OF  THE  SECOND  CLASS. 

SECTION  SECTION 

1.  Incorporating  as  a  city  of  the  sec-  7.    Proclamation  by  acting  mayor  sub- 

ond  class.  mitting  ordinance  to  voters. 

2.  Ordinance  to  be  ratified  by  voters.  8.    Proclamation  by  the  mayor  submit- 

3.  Proclamation  for  election  to  be  is-  ting  ordinance  to  voters. 

sued  by  mayor.  9.    Proclamation  of   mayor  declaring 

4.  Tickets  to  be  printed.  result  of  election  and  proclaim- 

5.  Tickets,  how  voted.  ing  incorporation  as  a  city  of  the 

6.  Votes  to  be  counted  and  result  pro-  second  class. 

claimed. 

Be  it  ordained  by  the  City  of  Saint  Joseph  : 

SECTION  1.     Incorporating  as  city  of  second  class.— 

That  the  city  of  Saint  Joseph  be  incorporated  under  the  pro- 
visions of  the  general  law  provided  for  the  government  of  cities 
of  the  second  class  in  article  3,  chapter  89,  Revised  Statutes, 
[1879],  of  Missouri. 

SEC.  2.  To  be  ratified  by  voters. — That  this  ordi- 
nance shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  approval,  and  its  ratification  and  adoption  by  a  majority  of 
the  qualified  voters  of  the  city  voting  at  an  election  to  be  held 
for  that  purpose. 

SEC.  3.  Proclamation  of  election.  —  The  mayor 
shall,  within  five  days  after  the  passage  and  approval  of  this 


ARTICLES  OF  INCORPORATION.  19 

ordinance,  issue  his  proclamation  that  at  the  general  election  of 
this  city  to  be  held  on  the  first  Tuesday  after  the  first  Monday 
in  April,  the  same  being  April  7th,  1885  ;  which  proclamation 
shall  be  filed  with  the  city  register  and  by  him  duly  recorded 
and  preserved  ;  that  at  said  election  the  said  qualified  voters 
shall  vote  for  the  rejection  or  adoption  of  this  ordinance. 

SEC.  4.  Tickets  to  be  printed. — The  city  register  is 

required  to  have thousand  tickets  printed  and  deliver  them 

in  equal  quantities  to  each  polling  place  within  the  city  before 
the  polls  open  on  April  7th,  1885.  Said  tickets  shall  have 
printed  thereon  these  words  :  "  For  city  of  second  class.  Yes. 
No." 

SEC.  5.  How  voted. — Every  qualified  voter  in  favor  of 
ratifying  this  ordinance  may  at  such  election  deposit  one  of 
these  ballots.  u  For  city  of  second  class,  yes,"  and  every  quali- 
fied voter  opposed  to  such  ratification  may  deposit  at  said  elec- 
tion one  of  these  ballots.  "  For  city  of  second  class,  no." 

SEC.  6.  Counting  votes  ;  result. — After  such  elec- 
tion the  votes  shall  be  duly  canvassed,  and  the  number  for  and 
against  the  adoption  of  this  ordinance  shall  be  made  a  matter  of 
record,  and  if  a  majority  of  the  votes  cast  are  "  for  city  of  sec- 
ond class,"  then  the  mayor  shall  issue  his  proclamation  so 
declaring  the  result  of  such  election. 

Approved  March  10th,  1885. 

SAMUEL  WESTHEIMER, 

[SEAL.]         Attest,  Acting  Mayor. 

F.  M.  TUFTS,  Register. 

PROCLAMATIONS. 

SEC.  7.  By  acting  mayor. — Mayor's  office,  City  Hall, 
St.  Joseph,  Mo.,  March  11,  1885.  Whereas,  it  is  provided  by 
law  that  any  city  or  town  in  this  state,  existing  by  virtue  of  any 
local  or  special  law,  may  elect  to  become  a  city  and  be  incor- 
porated in  the  class  to  which  its  population  would  entitle  it 
under  the  provisions  of  chapter  89,  article  1,  of  Revised  Statutes 
[1879]  of  the  State  of  Missouri  ; 


20  ARTICLES  OF  INCORPORATION. 

And  whereas,  the  city  council  of  the  city  of  Saint  Joseph, 
State  of  Missouri,  enacted  an  ordinance  providing  that  the  city 
of  Saint  Joseph  be  incorporated  as  a  city  of  the  second  class, 
which  was  approved  March  10,  1885  ; 

And  whereas,  it  is  provided  that  the  proposition  shall  be 
submitted  to  the  legal  voters  of  the  city  at  an  election  to  be 
held  for  that  purpose,  not  less  than  twenty  nor  more  than  thirty 
days  after  the  passage  of  such  ordinance  or  proposition  ; 

Now  therefore,  I,  Samuel  Westheimer,  acting  mayor  of 
the  city  of  Saint  Joseph,  do  hereby  announce  and  proclaim,  that 
on  the  first  Tuesday  after  the  first  Monday  in  April  next,  the 
same  being  Tuesday,  the  7th  day  of  April,  A.  D.  1885,  an 
election  will  be  held  for  the  purpose  of  deciding  whether  the 
city  of  Saint  Joseph  shall  be  incorporated  under  the  provisions 
of  the  general  law  provided  for  the  government  of  cities  of  the 
second  class,  and  upon  that  day  the  same  will  be  submitted  to 
the  legal  voters  of  the  city,  and  every  qualified  voter  in  favor 
of  ratifying  this  ordinance  may  at  such  election  deposit  a  bal- 
lot "  for  city  of  second  class,  yes,"  and  every  qualified  voter 
opposed  to  ratifying  this  ordinance  may  deposit  at  said  election 
a  ballot  ufor  city  of  second  class,  no." 

Done  at  the  mayor's  office  in  the  city  of  Saint  Joseph, 
state  of  Missouri,  the  llth  day  of  March,  A.  D.  1885. 

SAMUEL  WESTHEIMER, 

Attest,  Acting  Mayor. 

F.  M.  TUFTS,  City  Register. 

SEC.  8.  Proclamation  by  mayor. — Mayor's  office, 
City  Hall,  Saint  Joseph,  Missouri,  March  26th,  1885.  By 
virtue  of  the  authority  in  me  vested  by  -the  charter  and  ordi- 
nances of  the  city  of  Saint  Joseph,  state  of  Missouri,  I,  EL  K. 
W.  Hartwig,  mayor  of  the  city  of  St.  Joseph,  do  hereby  order 
and  direct  that  an  election  be  held  at  the  usual  places  of  voting 
in  the  several  districts  of  each  ward  in  the  city  of  Saint  Joseph, 
on  the  Tuesday  after  the  first  Monday  in  April,  A.  D.  1885, 
the  same  being  Tuesday,  the  7th  day  of  April,  1885.  *  *  * 


PROCLAMATION  OF  INCORPORATION.  21 

Also  for  the  purpose  of  approving  or  rejecting  an  ordinance 
providing  that  the  city  of  Saint  Joseph  be  incorporated  as  a 
city  of  the  second  class.  Approved  March  10th,  1885.  Every 
qualified  voter  in  favor  of  ratifying  this  ordinance  may  at  such 
election  deposit  a  written  or  printed  ballot  in  this  form,  "  for 
city  of  second  class,  yes;"  and  every  qualified  voter  opposed  to 
such  ratification  may  deposit  at  said  election  a  written  or 
printed  ballot  in  this  form,  "for  city  of  second  class,  no." 

Done  at  the  mayor's  office  in  the  city  of  Saint  Joseph, 
state  of  Missouri,  this  26th  day  of  March,  1885. 

[SEAL]  H.  R.  W.  HARTWIG, 

Attest,  Mayor. 

F.  M.  TUFTS,  City  Register. 

SEC.  9.  Proclamation  by  mayor  declaring  incor- 
poration as  a  city  of  second  class. — Whereas,  it  is  pro- 
vided by  chapter  89,  article  1,  of  Statutes  [1879]  of  Missouri, 
that  any  city  in  this  state  existing  by  virtue  of  any  special  law, 
may  elect  to  become  a  city  of  the  class  to  which  its  population 
would  entitle  it  under  the  provisions  of  this  article,  by  passing 
an  ordinance  or  proposition  and  submitting  the  same  to  the 
legal  voters  of  such  city,  at  an  election  to  be  held  for  that  pur- 
pose, and  if  a  majority  of  such  voters  voting  at  such  election 
shall  ratify  such  ordinance  or  proposition,  the  mayor  of  such 
city  shall  issue  his  proclamation  declaring  the  result  of  such 
election,  and  thereafter  such  city  shall,  by  virtue  of  such  vote, 
be  incorporated  under  the  provisions  of  the  general  law  pro- 
vided for  the  government  of  the  class  to  which  such  city 
belongs  ;  which  class  shall  be  determined  by  the  last  census 
taken,  whether  state  or  national  ; 

And  whereas,  at  an  election  held  for  that  purpose  in  the 
city  of  Saint  Joseph,  state  of  Missouri,  on  Tuesday  the  7th 
day  of  April,  A.  D.  1885,  not  less  than  twenty  nor  more  than 
thirty  days  after  the  passage  of  an  ordinance  or  proposition 
entitled  "  an  ordinance  providing  that  the  city  of  Saint  Joseph 
be  incorporated  as  a  city  of  the  second  class,"  which  was 


22  ARTICLES  OF  INCORPORATION. 

approved  March  10th,  1885,  the  whole  number  of  legal  voters 
voting  at  such  election  was  thirty-three  hundred  and  fifty-nine, 
and  of  these  legal  voters  there  were  twenty-nine  hundred  and 
ninety-six  voted  in  favor  of  said  proposition  or  ordinance,  being 
a  majority  of  such  voters  voting  at  such  election,  ratifying  the 
same  ; 

And  whereas,  the  city  of  Saint  Joseph,  by  the  last  national 
census,  contained  more  than  twenty  and  less  than  one  hundred 
thousand  inhabitants,  entitling  it  under  the  provisions  of  said 
article  to  be  a  city  of  the  second  class  ; 

Therefore,  1,  H.  R.  W.  Hartwig,  mayor  of  the  city  of 
Saint  Joseph,  by  virtue  of  the  power  in  me  vested,  and  in 
accordance  with  the  statute  aforesaid,  declare  the  result  of  such 
election  as  ratifying  such  ordinance  or  proposition,  and  proclaim 
the  city  of  Saint  Joseph  incorporated  under  the  provisions  of 
the  general  law  provided  for  the  government  of  cities  of  the 
second  class. 

Done  at  the  mayor's  office  in  the  city  of  Saint  Joseph,  and 
state  of  Missouri,  this  the  9th  day  of  April,  A.  D.  1885. 

[SEAL]  H.   R  W.  HARTWIG, 

Attest,  Mayor. 

F.  M.  TUFTS,  Register. 

ARTICLE  II. 

CORPORATE  POWERS.— ENLARGEMENT  OF  CITY  LIMITS.— 
CREATION  OF  WARDS. 

SECTION  SECTION 

1.  Powers  of  city  ;    effect  of  reorgan-  5.    Wards  not  to  be  changed,  when. 

ization.  6.    To  be  of   adjacent  territory,  and 

2.  Courts  take  judicial  notice  of  city  numbered. 

and  class.  7.    Election  of  aldermen,  when. 

3.  Wards  of  city,  how  changed.  8.    Aldermen  to  fill  out  term  for  which 

4.  Annexed  territory  to  be  organized  elected. 

into  new  ward. 

SECTION  1.  Powers  of  city  ;  effect  of  reorgani- 
zation.— Any  city  of  the  second  class  in  this  state  may 
become  a  body  corporate  under  the  provisions  of  this  article, 
in  the  manner  provided  by  law,  under  the  name  and  style  of 


CORPORATE  POWERS.  23 

the  city  of ;  and  by   that  name  shall  have  perpetual 

succession  ;  may  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended  in  all  courts  of  law  and  equity,  and 
in  all  actions  whatsoever ;  may  purchase,  receive  and  hold 
property,  real  and  personal,  within  such  city,  and  beyond  the 
limits  of  such  city,  to  be  used  for  the  burial  of  the  dead  of 
such  city  ;  for  the  erection  of  water  works  to  supply  the  city 
with  water  ;  for  the  establishment  and  erection  of  gas  works  to 
supply  the  city  with  light  ;  for  the  establishment  of  a  hospital 
or  hospitals  for  the  reception  of  persons  infected  with  contag- 
ious or  other  diseases  ;  for  a  poor  house  or  poor  houses,  work 
house,  house  of  correction,  or  for  any  other  purposes  ;  may  sell, 
lease  or  otherwise  dispose  of  any  property  for  the  benefit  of  the 
city  ;  may  receive  bequests,  gifts  and  donations,  of  all  kinds  of 
property  within  or  without  the  city,  in  fee  simple  or  in  trust 
for  charitable  or  other  purposes,  and  do  all  acts  necessary 
to  carry  out  the  purposes  of  such  bequests,  gifts  and  donations 
with  power  to  manage,  sell  or  lease  or  otherwise  dispose  of 
the  same  ;  and  may  have  and  use  a  common  seal,  and  may 
break,  change  or  alter  the  same  at  pleasure  ;  and  all  courts  of 
this  state  shall  take  judicial  notice  of  such  reorganisation.  The 
jurisdiction  of  any  city  which  shall  be  reorganized  under  this 
article  shall  not  in  anywise  be  affected  or  changed  in  conse- 
quence of  such  reorganization,  but  such  limits,  wards  and 
boundaries  shall  remain  after  such  change  or  organization  the 
same  as  at  the  time  of  such  reorganization  under  this  article  ; 
and  all  laws  or  parts  of  laws  or  ordinances,  not  inconsistent 
with  the  provisions  of  this  article,  which  were  operative  in  such 
city  prior  to  its  reorganization,  shall  continue  to  be  in  force 
until  repealed  or  otherwise  changed  by  ordinance.  \_R.  S. 
1889,  Sec.  1237. 

SEC.  2.  Courts  take  judicial  notice  of  city  and 
class. — When  any  city  or  town  existing  by  virtue  of  the  gen- 
eral law  of  the  state,  or  by  a  local  or  special  act,  may  elect  to 
become  a  city  of  the  second  class,  or  any  city  of  the  second 
class  shall  be  incorporated  according  to  law,  all  courts  of  the 


24  ARTOLES  OF  INCORPORATION. 

state  shall  take  judicial  notice  of  the  fact  of  the  city  being  a 
city  of  the  second  class,  and  of  all  steps  taken  to  make  it  such, 
and  of  the  corporate  limits  thereof.  [R.  S.  1889,  Sec.  1264. 

SEC.  3.  Wards  of  city,  how  changed. — Whenever 
the  corporate  limits  of  any  city  of  the  second  class  shall  be 
altered  or  extended,  and  whenever  the  population  of  any  such 
city,  or  of  any  ward  or  wards  thereof,  has  been  or  may  be  so 
increased  or  diminished  as  to  render,  in  the  opinion  of  the  com- 
mon council,  a  division  or  redistricting  of  the  corporation  into 
wards,  or  a  change  in  the  boundary  of  any  ward  or  wards 
necessary,  the  same  may  be  done  by  ordinance  at  some  regu- 
lar meeting  of  the  common  council.  \_R.  S.  1889,  Sec.  1257. 

SEC.  4.  Same. — Upon  any  ordinance  for  such  purpose 
being  introduced  into  the  common  council,  the  latter  shall, 
before  final  passage  thereof,  by  resolution,  require  the  city 
clerk  to  publish  a  copy  of  the  ordinance  in  at  least  one  daily 
newspaper  published  in  the  city,  to  be  designated  in  the  reso- 
lution, for  at  least  three  weeks  within  the  four  weeks  next  after 
the  passage  of  such  resolution.  After  such  publication,  proof 
thereof  shall  be  made  and  filed  with  the  city  clerk,  and  if  the 
common  council  shall  be  satisfied  that  such  publication  has 
been  made,  it  shall  by  a  vote  so  find,  and  the  city  clerk  shall 
make  a  record  of  such  finding  in  the  book  for  record  of  the 
current  proceedings  of  the  common  council,  which  record  shall 
be  conclusive  evidence  of  the  truth  of  the  fact  so  found.  If 
such  ordinance  be  passed  by  the  common  council  at  the  first  or 
second  regular  meeting  after  such  publication  and  finding,  and 
not  later,  and  duly  approved  by  the  mayor,  the  same  shall 
thereafter  be  in  force  until  repealed  or  altered.  Any  such 
ordinance  shall  be  subject  to  amendment  before  such  publica- 
tion thereof,  but  not  later.  [R.  S.  1889,  Sec.  1258. 

SEC.   5.     Annexed  territory  to  be  organized  into 

new  ward. — When  territory  is  annexed  to  any  city  of  the 
second  class,  pursuant  to  subdivision  number  XLIII  of  section 
1255,  the  common  council  shall,  by  ordinance,  organize  the 


ALTERATION  IN  WARDS.  25 

same  into  a  new  ward  or  wards,  or  attach  the  same  to  some 
existing  ward  or  wards,  long  enough  before  the  next  ensuing 
general  city  election  to  enable  electors  in  such  annexed  terri- 
tery  to  register,  and  all  other  proper  steps  to  be  taken  accord- 
ing to  law,  so  that  electors  of  such  annexed  territory  may  have 
full  opportunity  to  register  and  vote  at  such  election.  Actual 
residents  of  any  territory  at  the  time  of  the  annexation  thereof  to 
any  city  of  the  second  class  according  to  this  article  shall,  if 
otherwise  qualified  and  duly  registered,  be  qualified  electors  or 
voters  of  the  city,  and  be  eligible  to  any  office  therein  at  the 
next  general  city  election  following  such  annexation.  In  case 
of  redistricting  or  division  of  the  city  into  wards,  creation  of 
any  new  ward  or  wards,  or  change  of  boundary  in  any  ward  or 
wards,  every  qualified  elector  or  voter  residing  in  any  ward  at 
any  general  city  election  next  thereafter  shall,  if  otherwise 
qualified  and  duly  registered,  be  a  qualified  voter  of  the  city, 
and  be  eligible  to  any  office  therein,  [fl.  #.  1889,  Sec.  1259. 

SEC.  6.  Wards  not  to  be  changed,  when. — Terri- 
tory shall  not  be  annexed  to  any  such  city  within  four  months  next 
preceding  any  general  city  election,  nor  shall  there  be  a  redis- 
tricting or  division  of  the  city  into  wards  or  change  of  bound- 
aries of  any  ward  or  wards,  or  creation  of  any  new  ward  or 
wards,  within  two  months  next  preceding  any  general  election. 
[E.  S.  1889,  Sec.  1260. 

SEC.  7.  To  be  of  adjacent  territory  and  num- 
bered.— All  wards  which  may  be  hereafter  established  shall 
be  composed  of  adjacent  and  compact  territory,  and  the  sev- 
eral wards  at  the  time  of  redistricting  shall  contain  as  nearly 
an  equal  number  of  inhabitants  as  may  be  practicable.  The 
wards  shall  be  numbered  consecutively  from  one  up  to  the 
highest  number  thus  established.  [B.  S.  1889,  Sec.  1261. 

SEC.  8.  Election  of  aldermen,  when. — Whenever 
any  change  in  the  number  of  any  ward,  or  alteration  in  the 
boundaries  of  any  ward  shall  be  made,  or  new  ward  shall  be 
established,  there  shall  be  no  election  of  alderman  in  such 


26  ARTICLES  OF  INCORPORATION. 

wards  until  the   next  regular  election   for  corporation  officers. 

[R.  S.  1889,  Sec.  1262. 

SEC.  9.     Aldermen   to   fill   out  term  for   which 

elected. — Nothing  herein  contained  shall  be  construed  to 
limit  or  abridge  the  term  of  office  which  any  alderman  may  be 
elected  to  fill,  but  every  alderman  shall  be  deemed  and  taken 
to  be,  for  the  residue  of  the  term  for  which  he  may  have  been 
elected,  an  alderman  of  that  ward  in  which  his  actual  resi- 
dence and  place  of  abode  may  be,  at  and  after  any  division  of 
the  city  into  wards,  or  creation  of  any  new  wards,  or  change 
in  the  boundaries  of  any  ward  or  wards.  \_B.  8.  1889,  Sec. 
1263. 

ARTICLE  III. 

COMMON  COUNCIL. 

SECTION  SECTION 

1.  Council,  how  composed  and  elected.  8.    Ineligible  for  other  office. 

2.  Alderman,  qualifications  of.  9.    Compensation  of  couucilmen. 

3.  Oath  of  office.  10.    Council  meetings,  when  held. 

4.  Office  deemed  vacant  when.  11.    Quorum. 

5.  President ;   council  to  be  judge  of  12.    May  make  rules. 

election  returns.  13.    Shall  keep  a  journal. 

6.  Cases  of  tie  vote.  14.    Mayor  pro  tern. 

7.  Vacancies.  15.    Attendance  of  witnesses. 

SECTION  1.     Council  how  composed  and  elected.— 

The  legislative  functions  of  cities  of  the  second  class  shall  be 
vested  in  a  common  council,  composed  of  two  aldermen  from 
each  ward  and  resident  therein,  one  of  whom  shall  be  elected 
by  the  qualified  voters  of  the  city  at  large,  the  other  by  the 
qualified  voters  of  each  ward  respectively,  so  that  one  half  of 
said  common  council  shall  be  chosen  by  the  qualified  voters  of 
the  city  at  large,  and  the  other  half  by  the  qualified  voters 
of  the  respective  wards.  Such  aldermen  shall  hold  their  office 
for  two  years,  and  until  their  successors  shall  be  duly  elected 
and  qualified.  The  aldermen  elected  by  the  qualified  voters 
of  the  city  at  large  shall  be  voted  for  at  the  general  election 
to  be  held  on  the  first  Tuesday  after  the  first  Monday  in  April, 
1890,  and  every  two  years  thereafter,  and  those  elected  by  the 
qualified  voters  of  the  wards  respectively  shall  be  voted  for  at 


COMMON  COUNCIL.  27 

an  election  held  in  each  of  the  wards  on  the  first  Tuesday  after 
the  first  Monday  in  April,  1891,  and  every  two  years  there- 
after. [R.  S.  1889,  Sec.  1238. 

SEC.  2.  Aldermen,  qualifications  of.  —  No  person 
shall  be  eligible  to  the  office  of  alderman  until  he  shall  have 
resided  in  the  city  for  the  period  of  one  year,  and  in  the  ward 
from  which  he  is  chosen  six  months  next  preceding  his  elec- 
tion, and  have  paid  therein  a  city  tax,  and  not  less  than 
twenty-one  years  of  age,  a  citizen  of  the  United  States  and  a 
qualified  voter  of  the  city,  and  not  in  arrears  in  the  payment 
of  any  tax  or  other  liability  due  such  city,  or  directly  or  indi- 
rectly interested  in,  or  partner  of,  or  interested  with  any  one 
interested  in  any  contract  with  the  city  for  any  public  work, 
or  for  furnishing  any  supplies  to  the  city  or  any  of  its  insti- 
tutions. [R.  S.  1889,  Sec.  1239. 

SEC.  3.  Oath  of  office.  —  Before  any  alderman  shall 
take  his  seat  in  the  common  council,  he  shall  take  and  subscribe 
an  oath  that  he  will  support  the  constitution  of  the  United 
States  and  of  this  state,  and  the  provisions  of  this  article;  that 
he  will  faithfully  discharge  the  duties  of  his  office,  and  that  he 
possesses  all  the  qualifications  required  by  this  article,  and  i& 
not  subject  to  any  of  the  disqualifications  herein  contained. 
[R.  S.  1889,  Sec.  1240. 

SEC.  4.  Office  deemed  vacant,  when.  —  Any  alder- 
man who  ceases  to  possess  any  of  said  qualifications  shall 
be  deemed  thereby  to  have  vacated  his  office.  [JR.  &.  1889, 
Sec. 


SEC.  5.  President:  council  to  be  judge  of  elec- 
tion returns.  —  The  common  council  shall  elect  one  of  its 
own  members  to  be  president  thereof,  and  shall  be  the  judge 
of  elections,  returns  and  qualifications  of  its  own  members, 
and  shall  determine  all  contested  elections  thereof,  [R.  S. 
1889,  Sec.  * 


*  Contested  elections  governed  by  Sec.  4706  K.  S.  1889.     Amended  Laws  1895,  p  172 


28  ARTICLES  OF  INCORPORATION. 

SEC.  6.  Cases  of  tie  vote. — Whenever  there  shall  be 
a  tie  in  the  election  of  an  alderman,  the  judges  of  the  election 
shall  certify  the  facts  to  the  common  council,  and  the  parties 
named  in  such  certificates  shall  immediately,  in  the  presence 
of  the  common  council,  determine  by  lot  their  respective  rights. 
[R.  S.  1889,  Sec.  1253. 

SEC.  7.  Vacancies. — All  vacancies  that  may  occur  in 
the  common  council,  from  any  cause,  shall  be  filled  by  elections 
of  the  people,  in  such  manner  as  may  be  prescribed  by  ordi- 
nance ;  and  if  any  alderman  shall,  after  his  election,  remove 
from  the  ward  from  which  he  was  elected  to  the  said  common 
council,  his  office  shall  thereby  be  declared  vacant.  [jR.  8. 
1889,  Sec.  m<2. 

SEC.  8.  Ineligible  for  other  office. — No  alderman 
shall,  during  the  term  for  which  he  is  elected,  be  appointed  to 
any  office  under  the  city,  nor  shall  any  alderman,  while  such, 
be  an  employe  of  the  city  in  any  capacity  whatever.  \H.  S. 
1889,  Sec.  1%51. 

SEC.  9.  Compensation  of  councilmen. — Each  mem- 
ber of  the  common  council  in  any  city  of  the  second  class  shall 
receive  for  his  services  as  councilman  the  sum  of  four  dollars 
per  day  for  each  day  he  shall  serve  while  in  session  as  such 
councilman  :  provided,  however,  that  no  extra  pay  shall  be 
allowed  for  serving  on  any  committee,  agency  or  commission 
whatever,  when  appointed  to  perform  such  service  by  the  com- 
mon council  during  his  term  of  office,  and  in  no  case  shall  the 
aggregate  sum  paid  such  councilman  for  his  services,  above 
enumerated,  exceed  the  sum  of  three  hundred  dollars  per 
annum.  [Laws  1891,  p.  50. 

SEC.  10.  Council  meetings,  when  held. — The  com- 
mon council  shall  hold  a  meeting  on  the  third  Monday  in  April 
in  each  year  after  the  qualification  of  its  members  elect,  and 
thereafter  on  the  first  Monday  of  each  and  every  month  in  the 
year,  which  shall  be  known  as  the  monthly  regular  meeting  ; 
and  the  common  council  at  any  time,  when  in  session,  can,  on 


COMMON  COUNCIL.  29 

motion,  by  a  majority  vote,  adjourn  to  meet  at  an  hour  and 
date  to  be  named  in  the  motion  ;  at  such  meeting  all  unfinished 
business  must  be  first  transacted  and  then  any  and  all  other 
business.  The  mayor  may  at  any  time,  when  public  necessity 
requires  it,  by  proclamation,  convene  the  common  council  in 
special  session,  at  which  no  business  shall  be  transacted  except 
such  as  may  be  in  writing  referred  to  them  by  the  mayor.  [~R. 
S.  1889,  Sec.  1254. 

SEC.  11.  Quorum. — The  majority  of  the  common 
council  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members,  in  such  man- 
ner and  under  such  penalties  as  it  may  prescribe.  [7?.  S.  1889, 
See.  1248. 

SEC.  12.  May  make  rules. — The  common  council 
may  determine  the  rules  of  its  proceedings,  punish  its  members 
for  disorderly  behavior,  and,  with  the  concurrence  of  two 
thirds  of  all  the  members  elected,  expel  a  member  for  malfeas- 
ance in  office  or  disorderly  conduct.  [R.  S.  1889,  Sec.  1249. 

SEC.  13.  Shall  keep  a  journal. — The  common 
council  shall  keep  a  journal  of  its  proceedings,  and  the  yeas 
and  nays  of  the  members  on  any  question  shall,  at  the  desire 
of  any  two  members,  be  entered  therein,  and  the  yeas  and 
nays  shall  be  recorded  on  the  final  passage  of  all  ordinances. 
[R.  S.  1889,  Sec.  1250. 

SEC.  14.  Mayor  pro  tern. — The  president  of  the 
common  council  shall  exercise  the  duties  and  receive  the  com- 
pensation of  mayor,  whenever  and  so  long  as  from  any  cause 
said  office  of  mayor  shall  be  vacant  or  the  mayor  be  absent  from 
the  city.  [JR.  S.  1889,.  Sec.  1269. 

SEC.  15.  Attendance  of  witnesses. — The  coun- 
cil shall  have  power  to  compel  the  attendance  of  witnesses, 
and  the  production  of  papers  relating  to  any  subject  under 
consideration,  and  in  which  the  interest  of  the  city  is  involved; 


30  ARTICLES  OF  INCORPORATION. 

and  shall  have  power  to  call  upon  the  proper  officers  of  the 
city  or  county  in  which  such  city  is  located,  to  execute  such 
process.  The  president  of  the  council,  and  the  chairman  of 
every  committee  thereof,  shall  have  power  to  administer  oaths, 

[R.  8.  1889,  Sec.  1256. 

ARTICLE  IV. 

MAYOR. 

SECTION  SECTION 

1.  Mayor,  election  of.  7.  Duties  of  mayor. 

2.  Qualifications  of.  8.  Majority  necessary  to  confirm  ap- 

3.  Tie  vote,  how  determined.  pointment. 

4.  Contested  election.  9.  May  call  special  meetings. 

5.  Vacancy.  10.  May  require  officers  to  exhibit  ac- 

6.  Removal  from  office.  counts. 

SECTION  1.  Mayor,  election  of. — The  chief  executive 
officer  of  such  city  shall  be  the  mayor,  who  shall  be  elected  by 
the  qualified  voters  thereof,  and  who  shall  hold  his  office  for 
two  years,  and  until  his  successor  is  duly  elected  and  quali- 
fied. [R.  8.  1889,  Sec.  1275. 

SEC.  2.  Qualifications  of.— No  person  shall  be  a 
mayor  who  has  not  resided  in  the  city  one  year,  and  who  does 
not,  at  the  time  of  his  election,  possess  the  qualifications  of  an 
alderman,  as  hereinbefore  defined  ;  nor  shall  any  person  con- 
tinue in  the  office  of  mayor  who  shall  cease  to  possess  any  of 
said  qualifications.  [R.  8.  1889,  Sec.  1276. 

SEC.  3.  Tie  vote;  how  determined. —  When  two 
or  more  persons  shall  have  an  equal  number  of  votes,  and 
more  than  any  other  person,  for  the  office  of  mayor,  the  com- 
mon council  shall  decide  the  election.  [R.  S.  1889,  Sec.  1277. 

SEC.  4.  Contested  election. — Whenever  an  elec- 
tion for  mayor  shall  be  contested,  the  common  council  shall 
determine  the  same.  [R.  S.  1889,  1278.* 

SEC.  5.  Vacancies. — Whenever  any  vacancy  shall 
happen  in  the  office  of  mayor,  it  shall  be  filled  by  election,  in 

*  Contested  elections  governed  by  Sec.  4706  R.  S.  1889.    Amended  laws  1895,  p.  172. 


MAYOR.  31 

such  manner  as   shall   be    provided    by    ordinance.      [JR.    /S. 
1889,  Sec.  1279. 

SEC.  6.  Removal  from  office. — The  mayor  or  other 
elective  officer  may  be  removed  from  office  for  any  misde- 
meanor or  other  offense,  by  a  vote  of  two-thirds  of  the  com- 
mon council,  and  the  ayes  and  nays  shall  be  entered  upon  the 
journal.  [JR.  S.  1889,  Sec.  1280. 

SEC.  7.  Duties  of  mayor. — The  mayor  shall  take 
care  that  the  laws  of  the  state  and  the  ordinances  of  the  city 
are  enforced,  respected  and  observed  within  the  city.  He 
may,  upon  good  cause  shown,  and  by  and  with  the  consent  of 
the  common  council,  remit  fines,  forfeitures  and  penalties  ac- 
cruing from  or  imposed  for  the  violation  of  any  city  ordi- 
nance. He  shall  have  power  to  nominate,  and  by  and  with 
the  consent  of  the  common  council  to  appoint  all  city  officers 
not  ordered  by  this  article  to  be  elected  by  the  people  or 
otherwise  appointed  ;  also,  to  suspend,  and,  by  and  with  the 
consent  of  two  thirds  of  the  common  council  elect,  to  remove 
any  city  officer  for  cause.  He  may  fill  any  vacancy  which 
may  occur  in  any  elective  office,  until  the  same  be  filled  by 
election,  as  hereinafter  provided.  He  shall,  from  time  to  time, 
give  the  common  council  information  relative  to  the  state  of 
the  city,  and  shall  recommend  to  their  consideration  such 
measures  as  he  shall  deem  expedient,  and  for  the  advantage  of 
the  city.  In  all  cases  where,  by  this  article  or  any  ordinance 
of  such  city,  the  mayor  is  authorized,  by  and  with  the  consent 
of  the  common  council,  to  appoint  any  officer,  it  is  hereby 
made  his  duty  to  make  such  nomination  within  such  time  as 
may  be  prescribed  by  ordinance.  If  the  common  council  shall 
refuse  their  consent  to  any  such  nomination  made  by  *the 
mayor,  he  shall,  within  five  days,  if  the  council  be  then  in  ses- 
sion, nominate  another  person  to  fill  the  office.  If  he  fail  to 
make  the  nomination  within  that  time,  his  power  of  appoint- 
ment shall  cease  during  the  remainder  of  the  term  for  which 


32       »  ARTICLES  OF  INCORPORATION. 

such  officer  shall  be  appointed,  and  the  common  council  shall 
appoint  a  suitable  person  to  fill  the  office  during  the  term. 

[B.  S.  1889,  Sec.  1281. 

SEC.  8.  Majority  necessary  to  confirm  appoint- 
ment.— When  the  consent  of  the  common  council  is  required 
by  this  article  to  the  appointment  of  any  city  officer  by  the 
mayor,  or  any  other  officer  or  officers  of  the  city,  such  consent 
can  only  be  given  by  a  majority  of  the  common  council  elect 
voting  for  such  appointment.  \_R.  S.  1889,  Sec.  1286. 

SEC.  9.  May  call  special  meetings. — The  mayor 
shall  call  special  sessions  of  the  common  council  by  proclama- 
tion. [R.  S.  1889,  Sec.  1282. 

SEC.   10.     May      require       officers      to      exhibit 

accounts. — He  shall  have  power,  when  he  deems  it  neces- 
sary, to  require  any  officer  of  the  city  to  exhibit  his  accounts 
or  other  papers,  and  to  make  report  in  writing,  touching  any 
subject  or  matter  he  may  require  pertaining  to  his  office. 
[JR.  S.  1889,  Sec.  1283. 

ARTICLE   V. 

CITY  OFFICERS— ELECTIONS. 

SECTION  SECTION 

1.  Appointments,  by  whom  made.  11.  Officers,  when  installed. 

2.  Appointive  officers.  12.  Who  eligible  to  office. 

3.  Elective  officers.  13.  Residence  of  officers. 

4.  Salaries  to  be  fixed  by  ordinance.  14.  Oath  of  officers,  and  bond. 

5.  Election,  when  to  be  held.  15.  Certificate  to  be  recorded. 

6.  Elections  to  be  held,  how.  16.  Officers  not  to  be  interested  in  con- 

7.  Voting  to  be  by  ballot.  tracts. 

8.  The  polls,  opening  and  closing  of.  17.  Property  qualification  for  office 

9.  Who  may  vote.  prohibited. 
10.  Voting  precincts,  duty  of  council. 

SECTION  1.     By    whom    appointments     shall     be 

made. — In  the  absence  of  any  express  provision  in  the  laws 
governing  cities  of  the  second  class  as  to  the  manner  of 
appointing  any  officer,  the  mayor  shall  nominate,  and  with  the 
consent  of  the  common  council  appoint  such  officer.  [Laws 
1897,  p.  47. 


CITY   OFFICERS — ELECTIONS.  33 

SEC.  2.  Other  officers. — In  all  such  cities  there  shall 
be  a  city  clerk,  city  engineer,  city  assessor,  city  counselor  and 
city  comptroller,  who  shall  be  appointed  by  the  mayor,  by 
and  with  the  advice  and  consent  of  the  common  council,  and 
shall  hold  their  office  for  the  term  of  two  years  unless  sooner 
remo.ved,  and  who  shall  perform  such  duties  as  may  be  pre- 
scribed by  this  article  or  any  ordinance  of  the  city.  [7?.  S. 
1889,  Sec.  1284. 

SEC.  3.  Elective  officers. — There  shall  also  be  a  city 
recorder,  [judge  of  the  police  court]  city  attorney,  city  auditor 
and  city  treasurer,  who  shall  be  elected  by  the  qualified  voters 
of  said  city,  to  hold  their  offices  for  the  term  of  two  years,  and 
until  their  successors  are  duly  elected  and  qualified,  who  shall, 
in  addition  to  the  duties  prescribed  by  this  article,  perform 
such  other  duties  as  may  be  prescribed  by  ordinance.  There 
shall  also  be  such  other  officers,  servants  and  agents  of  the 
corporation  as  may  be  provided  by  ordinance,  who  shall  per- 
form such  duties  as  may  be  prescribed  by  ordinance.  [R.  S. 
1889,  Sec.  1285. 

SEC.  4.     Salaries   to   be   fixed    by    ordinance.— 

The  common  council  shall,  at  least  as  early  as  their  regular 
monthly  meeting  in  March  next  before  each  biennial  election, 
by  ordinance,  fix  the  salary  and  fees  of  all  the  officers  for  the 
next  two  fiscal  years,  and  shall  not  increase  nor  diminish  the 
salary  of  any  officer  during  his  term  of  office.  \_R.  8.  1889, 
Sec.  1244. 

SEC.  5.     General   election   to   be   held,  when.— 

The  general  election  of  all  elective  officers  of  such  city 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday 
in  April,  every  two  years,  except  as  otherwise  provided  in  this 
article  in  relation  to  the  election  of  aldermen.  Special  elec- 
tions to  fill  vacancies  shall  be  held  under  such  regulations  as 
may  be  provided  for  by  ordinance.  [R.  S.  1889,  Sec. 


34  ARTICLES  OF  INCORPORATION. 

SEC.  6.  Election  to  be  held,  how. — All  elections 
shall  be  held  under  the  general  laws  of  this  state.  [R.  S. 
1889,  Sec.  U45. 

SEC.  7.  Voting  to  be  by  ballot. — All  elections  shall 
be  by  ballot,  and  continue  for  one  day  only.  [R.  S.  1889, 
Sec.  4668. 

SEC.   8.     Polls;   when   opened   and    closed. — The 

judges  of  each  election  hereafter  to  be  held,  general  or  munic- 
ipal, shall  open  the  polls  at  seven  o'clock  in  the  morning  and 
continue  them  open  until  six  o'clock  in  the  evening,  unless  the 
sun  shall  set  after  six,  when  the  polls  shall  be  kept  open  until 
sunset,  except  in  cities  in  the  state  of  twenty-five  thousand 
inhabitants  or  upward,  when  the  polls  shall  be  opened  at  six 
o'clock  in  the  morning  and  be  kept  open  until  seven  o'clock  in 
the  evening.  [R.  S.  1889,  Sec.  4667. 

SEC.  9.  Who  may  be  registered. — Every  male  citi- 
zen of  the  United  States,  and  every  person  of  foreign  birth 
who  may  have  declared  his  intention  to  become  a  citizen  of  the 
United  States  according  to  law  not  less  than  one  year  nor 
more  than  five  years  before  he  offers  to  vote,  who  is  over  the 
age  of  twenty-one  years,  who  has  resided  in  this  state  one  year 
next  preceding  the  election  at  which  he  offers  to  vote,  and  dur- 
ing the  last  sixty  days  of  that  time  shall  have  resided  in  the 
city,  and  during  the  last  ten  days  of  that  time  in  the  ward  at 
which  he  offers  to  vote,  who  has  not  been  convicted  of  bribery, 
perjury  or  other  infamous  crime,  nor  directly  interested  in  any 
bet  or  wager  depending  upon  the  result  of  the  election,  nor 
serving  at  the  time  in  the  regular  army  or  navy  of  the  United 
States,  shall  be  entitled  to  vote  at  such  election  for  all  offices, 
state  or  municipal,  made  elective  by  the  people,  or  at  any  other 
election  held  in  pursuance  of  the  laws  of  this  state  ;  but  he 
shall  not  vote  elsewhere  than  in  the  election  precinct  where 
his  name  is  registered,  and  whereof  he  is  registered  as  a  resi- 
dent. [R.  S.  1889,  Sec.  1791. 


CITY  OFFICERS  —  ELECTIONS.  35 

SEC.  10.  Voting  precincts;  duty  of  common 
council.  —  The  common  council  of  every  city  in  which 
registration  of  voters  may  be  had  under  and  by  virtue  of  any 
special  charter,  or  under  the  provisions  of  this  article,  may,  by 
ordinance,  provide  for  two  or  more  voting  precincts  in  each 
ward  of  such  city,  and  such  common  council  may,  by  ordi- 
nance, make  such  provisions  as  to  judges  and  clerks  of  elec- 
tions and  additional  copies  of  registration  lists  and  the  use  of 
such  copies  at  such  voting  precincts,  as  may  be  necessary  in 
the  premises.  [7?.  S.  1889,  Sec.  1808. 

SEC.  11.  Officers,  when  installed.  —  All  elective 
city  officers  provided  for  in  this  article  shall  enter  upon  the 
duties  of  their  office  on  the  second  Monday  after  the  day  of 
election;  and  all  appointed  officers  shall  enter  upon  the  duties 
of  their  office  as  soon  as  appointed  and  qualified.  [It.  8. 
1889,  Sec.  1273. 

SEC.  12.  Who  eligible.  —  No  person  Jshall  be  deemed 
eligible  to  any  office  in  the  city  who'  is  not  a  qualified  voter  of 
said  city,  and  who  is  not  a  citizen  of  the  United  States  and  of 
the  state  of  Missouri,  and  has  not  lived  in  the  city  one  year. 
next  preceding  his  election.  [JR.  S.  1889,  Sec. 


SEC.  13.  Residence  of  officers.  —  All  officers  of  the 
corporation  shall  reside  within  the  city  limits  during  their  con- 
tinuance in  office,  and  if  any  of  them  shall  cease  to  reside  in 
said  limits,  his  office  shall  be  thereby  vacated.  [It.  S.  1889, 
Sec.  1298. 

SEC.  14.  Oath.  —  Every  officer  of  the  corporation, 
before  entering  upon  the  duties  of  his  office,  shall  take  and 
subscribe  an  oath  before  some  officer  of  the  law  authorized  to 
administer  oaths,  as  prescribed  by  the  constitution  of  this 
state  to  civil  officers,  and  that  he  will  faithfully  support  this 
article  and  ordinances  of  the  city,  which  said  oath  shall  be 
endorsed  upon  or  attached  to  his  certificate  of  election  or 
appointment,  and  he  shall  deliver  the  same  to  the  city  clerk; 


36  ARTICLES  OF  INCORPORATION. 

and  every  officer  of  the  corporation,  except  the  mayor,  alder- 
men, recorder,  [police  judge,]  comptroller,  and  all  other 
persons  required  by  law  to  give  bond,  shall,  before  entering 
upon  the  duties  of  their  office,  give  bond  to  such  city  in  such 
sum  as  may  be  prescribed  by  ordinance,  with  securities 
approved  by  the  comptroller,  conditioned  for  the  faithful 
discharge  of  his  duties,  which  said  bond  shall  be  filed  with  the 
city  clerk.  For  any  breach  of  the  condition  of  said  bond  suit 
may  be  instituted  thereon  by  the  city,  or  by  any  person  or 
persons  claiming  to  have  been  injured  by  reason  of  any  such 
breach,  in  the  name  of  such  city,  for  the  use  of  such  person  or 
persons.  If  any  officer  fail  to  deliver  to  the  city  clerk  a 
certificate  and  oath  as  herein  required,  within  twenty  days 
after  his  election  or  appointment,  the  office  to  which  he  may 
have  been  elected  or  appointed  shall  be  declared  vacated. 
[E.  S.  1889,  Sec.  1299. 

SEC.  15.     Certificate  of  election  to  be  recorded. 

— It  shall  be  the  duty  of  the  city  clerk  to  record  the  certificate 
of  election  or  appointment  mentioned  in  the  preceding  section, 
with  the  oath  thereto  attached  or  thereon  indorsed,  within  ten 
days  after  the  same  is  delivered  to  him.  [JR.  S.  1889,  Sec. 
1300. 

SEC.   16.     Officers  interested  in  contracts  guilty 

of  misdemeanor. — If  any  city  officer  shall  be  directly  or 
indirectly  interested  in  any  contract  under  the  city  or  any 
work  done  by  the  city,  or  in  furnishing  supplies  for  the  city 
or  any  of  its  institutions,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor; and  any  appointed  officer  becoming  so  interested 
shall  be  dismissed  from  office  immediately  by  the  mayor;  and 
upon  the  mayor  becoming  satisfied  that  any  elective  officer  is 
so  interested,  he  shall  immediately  suspend  such  officer,  and 
report  the  facts  to  the  common  council,  whereupon  the  com- 
mon council  as  soon  as  practicable  shall  be  convened  to  hear 
and  determine  the  same;  and  if,  by  a  two-thirds  vote  of  the 
common  council,  he  be  found  so  interested,  he  shall  be  imme 


DUTIES  OF  OFFICERS.  37 

diately  dismissed  from  such  office.  No  officer  shall  hold  two 
appointments  under  the  city  government  at  the  same  time. 

[7?.  S.  1889,  Sec.  1297. 

SEC.   17.     Property  qualification   prohibited.  -  It 

shall  not  be  lawful  for  the  municipal  authorities  of  any  city 
or  town  in  the  state  of  Missouri,  in  any  case  to  require  any 
person  to  be  the  owner  of  real  estate  in  order  to  make  such 
person  eligible  to  hold  any  office,  or  to  be  a  member  of  any 
city  or  town  council  or  municipal  assembly,  or  judge  or  clerk 
of  election  in  such  city  or  town,  and  any  provision  in  the 
charter  of  any  municipality  of  this  state  which  requires  as  a 
qualification  for  any  office,  either  elective  or  appointive,  or 
judge  or  clerk  of  election,  that  the  person  so  elected  or 
appointed  shall  be  the  owner  of  real  estate,  is  hereby  declared 
inoperative  and  void.  [R.  S.  1889,  Sec.  979. 

ARTICLE  VI. 

DUTIES  OF  OFFICERS. 

SECTION  SECTION 

1.  Duty  of  clerk.  7.  Of   city    treasurer— ex-officio   col- 

2.  Of  city  engineer.  lector. 

3.  Of  judge  of  police  court.  8.  Of  city  comptroller. 

4.  Of  city  counselor.  9.  Same,  deposit  of  city  money. 

5.  Of  city  attorney.  10.  Auditing  committee. 

6.  Of  city  auditor.  11.  Settlement  of  city  officers. 

SECTION  1.  Duty  of  clerk. — It  shall  be  the  duty  of 
the  city  clerk  to  attend  all  meetings  of  the  common  council, 
and  keep  a  true  record  of  its  proceedings;  also  to  keep  a  record 
of  all  official  acts  of  the  mayor,  and  when  necessary,  to  attest 
them.  He  shall  also  keep  and  preserve  in  his  office  the  corpo- 
rate seal  of  the  city,  all  records,  public  papers  and  documents 
of  the  city  not  belonging  to  any  other  officer.  He  shall  be 
authorized  to  administer  oaths,  and  copies  of  all  papers  filed 
in  his  office,  and  transcripts  from  the  records  of  the  proceed- 
ings of  the  common  council,  duly  certified  by  him  under  the 
corporate  seal  of  the  city,  shall  be  taken  as  evidence  in  all 


38  ARTICLES  OF  INCORPORATION.  « 

courts  of  this  state,  and  shall  perform   such  other  duties  as 
may  be  prescribed  by  ordinance.      [R.  S.  1889,  Sec.  1287. 

SEC.  2.  Of  city  engineer.  —  The  city  engineer  shall 
superintend  the  construction  of  all  public  works  ordered  by 
the  common  council  ;  shall  make  out  plans,  specifications  and 
estimates  thereof,  and  do  the  surveying  and  engineering 
ordered  by  the  city,  and  perform  such  other  duties  as  may  be 
prescribed  by  ordinance.  [JR.  S.  1889,  Sec.  1288. 

SEC.  3.  Judge  of  the  police  court.  —  The  city  recor- 
der [judge  of  the  police  court]  shall  have  exclusive  jurisdiction 
over  all  cases  arising  under  any  ordinance  of  the  city,  except 
suits  brought  for  the  collection  of  taxes  due  the  city.  Appeals 
in  all  cases  tried  before  him  as  recorder  [judge  of  the  police 
court]  shall  be  taken  to  the  court  of  record  having  criminal 
jurisdiction  in  the  county  where  such  city  is  located.  [R.  S. 
1889,  Sec. 


SEC.  4.  City  counselor.  —  The  counselor  shall  appear 
for  the  city  and  attend  all  cases  in  all  courts  of  record  in  this 
state,  wherein  such  city  may  be  a  party  plaintiff  or  defendant, 
pr  a  party  in  interest,  and  shall  perform  such  other  duties  as 
may  be  prescribed  by  ordinance,  and  shall  receive  such  com- 
pensation therefor  as  may  be  prescribed  by  ordinance.  [7?.  S. 
1889,  Sec.  1290. 

SEC.  5.  City  attorney.  —  The  city  attorney  shall  appear 
in  the  recorder's  [police]  court  of  such  city,  and  attend  to  all 
cases  of  a  criminal  or  civil  nature  arising  in  said  court  in 
which  the  city  may  be  a  party,  or  in  any  way  interested,  and  in 
any  court  of  record,  to  any  appeal  cases  from  said  recorder's 
[police]  court,  and  shall  perform  such  other  duties  as  shall  be 
prescribed  by  ordinance,  and  such  as  may  be  required  of  him 
by  the  city  counselor,  whose  assistant  he  shall  be,  and  for 
which  service  he  shall  receive  such  compensation  as  may  be 
prescribed  by  ordinance.  [E.  S.  1889,  Sec.  1291. 


DUTIES  OF  OFFICERS.  39 

SEC.  6.  City  auditor.  —  It  shall  be  the  duty  of  the  city 
auditor  to  prescribe  the  mode  of  keeping,  dating  and  render- 
ing all  accounts,  unless  otherwise  provided  by  ordinance, 
between  the  city  and  any  person  or  body  corporate  ;  he  shall 
draw  warrants  upon  the  treasurer  for  all  appropriations  made 
by  the  common  council  ;  he  shall  keep  a  true  and  just  account 
with  the  several  different  revenue  districts,  the  city  treas- 
urer, and  the  different  funds  of  such  city  ;  he  shall  extend  all 
tax  rolls,  and  shall  make  reports,  estimates  and  statements 
required  of  him  by  the  common  council  in  connection  with 
the  duties  of  his  office.  [£.  8.  1889,  Sec. 


SEC.  7.  City  treasurer  —  Collector.  —  It  shall  be  the 
duty  of  the  city  treasurer  to  receive  and  keep  the  money  of  the 
city,  and  pay  out  the  same  on  warrants  drawn  by  the  auditor 
and  countersigned  by  the  comptroller,  and  not  otherwise.  He 
shall  be  ex  officio  city  collector,  and  shall  collect  all  taxes  and 
licenses  levied  and  charged  by  such  .city,  except  as  otherwise 
provided  by  law  for  collection  by  others  ;  he  may  appoint  such 
deputies  and  clerks  as  may  be  allowed  by  ordinance  :  Provided^ 
that  he  shall  be  responsible  for  all  the  acts  of  his  deputies  and 
clerks.  All  moneys  belonging  to  the  city  and  received  by  any 
officer  or  agent  thereof,  either  from  collection,  fines  or  any 
other  source,  shall  be  deposited  in  the  city  treasury  as  often  as- 
once  a  week,  unless  some  law  otherwise  direct.  For  all  moneys 
received,  except  in  payment  of  taxes  or  licenses,  he  shall  give 
triplicate  receipts  in  all  cases,  one  to  the  party  paying,  one  for 
the  auditor  and  one  for  the  comptroller,  which  shall  set  out  the 
amounts  paid  and  from  what  it  proceeds,  and  to  what  account 
credited  ;  and  for  taxes  and  licenses  he  shall  give  such  receipts 
as  may  be  provided  by  ordinance.  [7?.  S.  1889,  Sec.  1293. 

SEC.  8.  City  comptroller.  —  It  shall  be  the  duty  of  the 
comptroller  to  exercise  a  general  supervision  over  the  collection 
and  return  into  the  treasury  and  disbursement  of  all  revenue 
and  other  moneys  of  the  city,  and  of  the  proceedings  therefor 
over  ail  property,  assets  and  claims,  and  the  custody,  sale  or 


40  ARTICLES  OF  INCORPORATION. 

other  disposition  thereof.  He  shall  see  that  all  proper  legal 
proceedings  are  had  to  recover,  keep  and  manage  such  property 
or  other  interests  ;  that  all  proper  rules  and  regulations  are 
prescribed  and  observed  in  relation  to  all  accounts,  settlements 
and  reports  regarding  the  fiscal  concerns  of  the  city  ;  that  no 
appropriations  or  funds  are  overdrawn  or  misapplied,  and  that 
no  liability  is  incurred,  nor  money  or  property  of  the  city  dis- 
bursed or  disposed  of  contrary  to  the  spirit  of  the  law  or  ordin- 
ances. He  is  especially  charged  with  the  preservation  of  the 
credit  and  faith  of  the  city  in  relation  to  its  bonded  debt.  The 
comptroller  shall,  at  the  first  meeting  of  the  common  council  in 
each  fiscal  year,  certify  to  the  common  council  the  amount  of 
money  to  be  raised  by  taxation  for  the  payment  of  bonds  and 
coupons  maturing  during  that  year,  discriminating  between  the 
general  bonds  of  the  city  and  the  coupons  thereon,  and  each 
series  of  funding  bonds  and  coupons  thereon.  Whenever  it  is 
necessary  to  meet  payment  of  any  of  these  bonds  or  coupons 
at  any  other  place  than  the  office  of  the  city  treasurer  of  such 
city,  he  shall,  with  the  written  approval  of  the  mayor,  make 
his  requisition  upon  the  auditor  for  a  warrant  on  the  treasurer 
for  the  purpose,  and  if  necessary  to  preserve  the  public  credit, 
he  may  anticipate  any  part  of  the  annual  revenue  levied  for  the 
purpose  of  paying  interest,  and  may  thereon  obtain  loans  to 
meet  the  interest  on  bonds  about  to  fall  due.  The  comptroller 
shall  make  two  reports  each  year  on  the  financial  condition  of 
the  city — the  first  report  to  embrace  a  period  beginning  with  the 
fiscal  year  and  ending  with  the  month  of  October  ;  the  second 
report  to  include  the  whole  fiscal  year — and  shall  obtain  and 
transmit  therewith  to  the  common  council  the  reports  of  other 
fiscal  officers,  as  provided  by  law  or  ordinance.  He  shall  pro- 
vide and  keep  in  his  office  reliable  and  complete  tables  of  the 
finances,  property  and  assets  of  the  city,  all  contracts,  names 
of  contractors  and  names  of  employes,  in  such  manner  as  to 
show  the  department  in  which  they  are  employed,  their  salaries, 
powers  and  duties,  and  how  appointed.  He  may  appoint  a 
deputy,  who  shall  be  a  practical  bookkeeper  ;  also  such  clerks 


DUTIES  OF  OFFICERS.  41 

as  he  may  require,  when  so  authorized  by  ordinance.  He  may 
administer  oaths,  and  may  require  all  claims,  settlements,  re- 
turns and  reports  to  be  verified  by  affidavits.  He  shall  counter- 
sign all  warrants  on  the  treasurer.  It  is  hereby  made  the  duty 
of  the  comptroller,  in  conjunction  with  the  city  engineer,  to 
open  arid  inspect  all  bids  of  contractors  for  public  works,  and 
to  approve  and  safely  keep  all  bonds  given  by  contractors  for 
the  faithful  performance  of  public  contracts.  The  comptroller 
shall,  before  entering  upon  the  duties  of  his  office,  give  bond 
to  such  city,  conditioned  for  the  faithful  discharge  of  his  duties, 
in  such  sum  as  may  be  prescribed  by  ordinance,  with  two  or 
more  good  and  sufficient  sureties,  to  be  approved  by  the  mayor, 
which  shall  be  filed  with  the  *  clerk.  No  person  shall  be 
appointed  comptroller  who  does  not,  at  the  time  of  his  appoint- 
ment, possess  the  qualifications  of  the  mayor,  as  hereinbefore 
defined  ;  nor  shall  any  person  continue  to  hold  the  office  of 
comptroller,  who  shall  cease  to  possess  any  of  said  qualifications. 
[£.  S.  1889,  Sec.  1294.  Amended  Laws,  1891,  p.  57. 

SEC.  9.  Same,  deposit  of  city  money. — The  city 
comptroller  shall,  within  five  days  from  the  third  Monday  in 
April.  1891.  and  every  second  year  thereafter,  advertise  for 
five  days  in  the  daily  English  paper  for  the  time  doing  the  city 
printing  of  such  city,  that  he  will  receive  sealed  bids,  from 
within  the  city,  for  the  deposit  of  all  city  moneys  during 
the  ensuing  two  years,  and  until  a  successor  shall  be  duly 
selected.  All  bids  received  by  -him  shall  be  securely  sealed 
and  safely  kept  until  the  first  meeting  thereafter  of  the  com- 
mon council,  at  which  meeting  the  comptroller  shall,  in  the 
presence  of  the  council,  open  said  bids,  and  with  the  approval 
of  the  common  council,  award  and  let  the  deposits  to  the  bid- 
der agreeing  to  pay  the  highest  rate  of  interest  therefor — the 
common  council  having  the  right  to  reject  any  and  all  bids,  in 
which  case  they  may  at  any  time  thereafter  direct,  by  resolu- 
tion, the  city  comptroller  to  again  advertise  for  bids  in  the 
same  manner  as  before.  Whenever  the  common  council  shall 


42  ARTICLES  OF  INCORPORATION. 

have  approved  any  bid  made  in  response  to  and  in  accordance 
with  the  advertisement  aforesaid,  and  before  any  deposits  are 
placed  by  the  treasurer,  the  comptroller  shall  require  a  con- 
tract to  be  executed  by  the  accepted  bidder,  to  be  approved  by 
the  city  counselor,  and  signed  by  the  comptroller  in  behalf  of 
the  city,  which  contract  shall  be  accompanied  by  a  bond  from 
the  bidder,  to  be  approved  by  the  common  council,  in  double 
the  highest  estimated  amount  of  deposits  during  any  month  of 
such  time;  and  such  money,  together  with  such  interest  and 
profits  as  may  accrue  thereon,  shall  be  at  all  times  subject  to 
the  sight  drafts  of  the  city,  under  such  rules  and  regulations 
as  are  or  may  be  provided  by  the  laws  and  ordinances  of  such 
cities  for  the  government  of  its  disbursing  officers.  [£aws 
1891,  p.  51. 

SEC.  10.  Auditing  committee.— -There  shall  be  an 
auditing  committee,  composed  of  the  city  auditor  and  two 
members  of  the  common  council;  arid  every  claim  against  said 
city  for  money,  amounting  to  one  hundred  dollars  or  over, 
shall  be  passed  upon  by  said  committee  before  an  appropri- 
ation shall  be  made  for  the  payment  thereof.  \_R.  S.  1889, 
Sec.  1295. 

SEC.  11.  Settlement  of  officers. — The  city  auditor, 
city  collector,  city  treasurer,  city  attorney,  and  all  other  officers 
charged  with  the  collection  or  custody  of  money,  shall,  on  the 
second  Monday  after  the  general  election  in  April  of  each 
year,  make  a  full  and  detailed  statement  and  settlement  of  all 
their  accounts,  which  shall  show  all  moneys  received,  from 
what  source,  from  whom  and  what  for,  and  of  all  money  paid, 
and  to  whom  and  when,  and  for  what  purpose  so  paid;  which 
statement  shall  be  published  in  a  newspaper  at  the  time  doing 
the  city  printing;  the  statement  required  to  be  made  by  the  city 
auditor  shall  exhibit  in  full  the  resources  and  liabilities  of  the 
city,  together  with  the  amount  of  revenue  collected  from  all 
sources  during  the  preceding  fiscal  year,  the  amount  expended 
on  all  accounts  by  the  city  during  the  same  period,  and  such 


CITY  ORDINANCES.  43 

further  particulars  as  shall  be  prescribed  by  ordinance;  and  for 
any  refusal,  neglect  or  failure  to  make  such  report,  at  the 
times  and  in  the  manner  herein  prescribed,  such  officer  and  his 
securities  on  his  official  bond,  shall  forfeit  and  pay  to  such  city 
a  sum  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars;  and  it  shall  be  the  duty  of  the  city  counselor 
to  institute  and  prosecute  to  a  final  judgment  suit  at  law,  in 
the  name  of  such  city,  against  such  defendant  officer  or 
officers  for  recovering  of  the  same.  [R.  S.  1889,  Sec.  1296. 

ARTICLE  VII. 
CITY  ORDINANCES. 

SECTION  SECTION 

1.    Ordinances  to  conform  with  state  6.  To  be  approved  by  the  mayor. 

law.  7.  To  become  a  law,  when. 

"2.    Style  of  ordinance ;  amendments.  8.  Publication   of    council     proceed- 

3.  How  passed.  ings. 

4.  How  re-enacted.  9.  Ordinances,  how  proved. 

5.  How  amended. 

SECTION  1.     Ordinances    to    conform   with    state 

law. — Any  municipal  corporation  in  this  state,  whether  under 
general  or  special  charter,  and  having  authority  to  pass  ordi- 
nances regulating  subjects,  matters  and  things  upon  which 
there  is  a  general  law  of  the  state,  unless  otherwise  prescribed 
or' authorized  by  some  special  provision  of  its  charter,  shall 
confine  and  restrict  its  jurisdiction  and  the  passage  of  its  ordi- 
nances to  and  in  conformity  with  the  state  law  upon  the  same 
subject.  [£.  S.  1889,  'Sec.  1902. 

SEC.   2.     Style   of  ordinance,  amendments. — The 

style  of  ordinance  shall  be: 

uBe  it  ordained    by  the   common    council   of   the  city  of 

,  as  follows:"  and  no  ordinance  shall  be  so  amended 

in  its  passage  as  to  change  its  original  purpose,  and  no  ordi- 
nance shall  be  considered  for  final  passage  unless  the  same  has 
been  reported  upon  by  a  committee.  No  ordinance,  except 
general  appropriation  bills,  which  may  embrace  the  various 


44  ARTICLES  OF  INCORPORATION. 

subjects  and  accounts  for  and  on  account  of  which  moneys  are 
appropriated,  shall  contain  more  than  one  subject,  which  shall 
be  clearly  expressed  in  its  title.  [JR.  S.  1889,  Sec. 


SEC.  3.  Bill,  when  an  ordinance.  —  No  bill  shall 
become  an  ordinance  unless  upon  its  final  passage  the  majority 
of  all  the  members  elected  vote  in  its  favor,  and  the  vote  be 
taken  by  yeas  and  nays,  the  names  of  the  members  voting 
for  and  against  the  same  be  entered  on  the  journal.  \_B.  S. 
1889,  Sec. 


SEC.  4.  Ordinance,  revival  of.  —  No  ordinance  shall 
be  revived  or  re-enacted  by  mere  reference  to  the  title  thereof; 
but  the  same  shall  be  set  forth  at  length,  as  if  it  were  an  origi- 
nal ordinance.  [B.  S.  1889,  Sec.  1246. 

SEC.  5.  Amendment  of.  —  No  ordinance  shall  be 
amended  by  providing  that  designated  words  thereof  be 
stricken  out,  or  that  designated  words  be  inserted,  or  that  des- 
ignated words  be  stricken  out  and  others  be  inserted  in  lieu 
thereof  ;  but  the  ordinance  or  section  amended  shall  be  set 
forth  in  full  as  amended.  [JR.  S.  1889,  <Sec.  1247. 

SEC.  6.  Bill  to  be  approved  by  mayor.  —  Every 
bill  which  shall  have  been  passed  by  the  common  council  shall, 
before  it  becomes  a  law,  be  presented  to  the  the  mayor  for  his 
approval  ;  if  he  approves  the  bill,  he  shall  sign  it;  if  not,  he 
shall  return  it,  with  his  objections,  to  the  common  council, 
which  objections  shall  be  entered  at  large  on  the  journal,  and 
the  bill  be  reconsidered  ;  if,  after  such  reconsideration,  two- 
thirds  of  all  the  members  elected  to  the  common  council  shall 
pass  the  same,  it  shall  become  a  law.  In  all  such  cases  the 
vote  shall  be  taken  by  yeas  and  nays,  and  entered  on  the  jour- 
nal of  the  common  council.  [B.  S.  1889,  Sec.  1265. 

SEC.  7.  To  become  a  law,  when.  —  If  any  bill  shall 
not  be  returned  by  the  mayor  within  five  days,  Sundays 
excepted,  after  it  shall  have  been  presented  to  him  for  his 


POWERS  OF  COMMON  COUNCIL. 


approval,  the  same  shall  become  a  law,  in  the  same  manner  as 
if  he  had  approved  and  signed  it.  [R.  S.  1889,  Sec.  1266. 

SEC.  8.  Proceedings  to  be  published. — The  com- 
mon- council  shall  cause  a  correct  abstract  of  its  proceedings  to 
be  made  out  and  published  in  at  least  one  newspaper  in  the 
city.  The  abstract  shall  present  the  substance  of  all  petitions, 
memorials,  remonstrances,  of  all  motions  and  propositions,  and 
all  bills,  resolutions  and  orders,  so  as  to  exhibit  their  nature 
and  import,  and  shall  also  present  a  brief  and  accurate  state- 
ment ot  all  proceedings  in  relation  thereto.  The  communica- 
tions of  the  mayor  and  other  city  officers  shall  be  published  in 
full,  when  the  common  council  shall  so  direct ;  but  it  shall  be 
so  ordered  that  the  expense  of  publishing  the  same  document 
a  second  time  shall  not  be  incurred.  [R.  S.  1889,  Sec.  1267. 

SEC.  9.     Ordinances,    how     authenticated.  —  All 

ordinances  of  the  city  may  be  proved  by  the  seal  of  the  corpo- 
ration. When  printed  and  published  by  the  authority  of  the 
corporation,  the  same  shall  be  received  in  evidence  in  all 
courts  and  places  without  further  proof.  [R.  S.  1889,  Sec. 
1268. 

ARTICLE  VIII. 

GENERAL  POWERS  OF  MAYOR  AND  COMMON  COUNCIL. 


SECTION 

1.  Power  and  duties  of  the  mayor  and 

council. 

2.  Cities  may  provide  for  inspection 

of  animals  intended  for  food. 

3.  Cities  shall  have  power  to  regulate 

milk  dairies,  etc. 

4.  Gravel   and   macadamized    public 

roads,  cities  may  construct,  etc. 

5.  Municipal    authorities    of   towns, 

etc.,  may  work  roads,  etc. 

6.  May    prohibit   sale    of   cigarettes, 

and  cigarette  wrappers  to  minors. 


SECTION 

7.  May  work  prisoners  on  street,  etc. 

8.  No  authority  to  tax  professions. 

9.  City   cannot    impose    license   tax, 

etc.,  unless  power  be  conferred 
by  statute. 

10.  Produce  cannot  be  taxed  by  city, 

when. 

11.  Appropriations,  when  made,  etc. 

12.  Limit  on  appropriations. 

13.  Tax  for  sinking  fund. 


SECTION.  1.  Power  and  duties  of  the  mayor  and 
council. — The  mayor  and  common  council  shall  have  power 
within  the  city,  by  ordinance,  not  inconsistent  with  the  consti- 
tution or  any  law  of  this  state,  or  of  this  article: 


46  ARTICLES  OF  INCORPORATION. 

I.  To  prevent  obstructions  in  rivers,  etc. — To 

remove  and  prevent  all  obstructions  in  the  rivers  within  such 
city,  and  to  widen,  straighten  or  deepen  the  same;  to  improve 
and  preserve  the  navigation  thereof,  and  to  erect,  repair  and 
regulate  wharves  and  docks,  and  regulate  the  rates  of  wharf- 
age within  the  limits  of  the  city. 

II.  May  levy  taxes — may  borrow  money — when. 
To  assess,  levy  and  collect  all  taxes  for  general  and  special 
purposes  on  all  real  and  personal  property  and  licenses,  and, 
when  the  revenues  of  the  city  at  the   beginning  of  any  fiscal 
year,  collected  and  in  the  treasury  unappropriated,  shall  not 
be  sufficient  to  defray  the  ordinary   expenses  of  the  city  gov- 
ernment until  the  revenues  can  be  collected,   as  provided  by 
law,  for  such  year,  to  borrow,    within  the  first  thirty   days  of 
such  year,  any  sum  or  sums   not   exceeding  in  the  aggregate 
twenty-five  per  centum  of  the  revenue  provided  for  the  cur- 
rent fiscal  year,  for  a  period  not  exceeding  ninety  days,  at  a 
rate  of  interest  not  exceeding  eight  per  centum  per  annum,  for 
which  loan  or  loans  the  obligations  of  the  city  shall  be  given 
in  such  manner   as  shall  be  prescribed  by  ordinance;  and  said 
loan  or  loans  shall  be  repaid  out  of  the  first  revenues  collected 
upon  the  tax  levy  for  such  fiscal  year,  and  until  so  repaid,  and 
a  written  certificate  of  that  fact  shall  have  been  filed  by  the 
comptroller  with  the  city  clerk,  no  city  warrant  or  warrants, 
except  for  the  disbursement  of  the  money  so   borrowed,  and 
except  for  the  payment  of  said  loan  or  loans  and  interest  on 
the  bonded  debt  of  the  city,   shall  be  issued  for  any  purpose 
whatever;  and  if  any   warrant  or  warrants  are  issued  in  viola- 
tion hereof,  they  shall  be  void,  and  any  warrant  drawn  in  vio- 
lation hereof  shall  render  the  official   who  shall   have   drawn 
or  signed  the  same,  and  the  treasurer  who  shall  have  paid  the 
same,  each  liable,  personally  and  upon  his  official  bond,  for 
the  full  amount  of  such  warrants;  the  money  so  borrowed  shall 
be  deposited  in  the  treasury  and  be  appropriated  and  disbursed 
for  the  ordinary   and  necessary  expenses  of  the  city  govern- 
ment, and  for  no  other  purpose  whatsoever:     Provided,  that 


POWERS  OF  COMMON  COUNCIL.  47 

in  estimating  the  income  and  revenue  of  the  city  for  the  pur- 
pose of  limiting  such  loan,  the  same  shall  be  ascertained  from 
the  city  assessment  for  the  previous  fiscal  year:  Provided, 
further,  bonds  may  be  issued  as  provided  in  the  constitution  in 
the  renewal  of  outstanding  bonds,  when  for  want  of  funds  the 
city  is  unable  to  pay  such  outstanding  bonds. 

III.  Limitation  of  taxation. — To  levy  and  collect 
a  general  tax  of  not  exceeding  one  per  centum  for  each  fiscal 
year  upon  all  property  in  the   city  liable  to  taxation  for  state 
purposes,  and  not  by  general  law  exempt  from  municipal  tax- 
ation.    The  fiscal  year  shall   commence  on  the  third  Monday 
in  April  of  each  year. 

IV.  Poll  Tax. — To  levy   and   collect  a  poll  tax,   not 
exceeding  one  dollar  and  fifty  cents  for  every  year,  upon  all 
male  persons,  residents  of  the  city,  over  the  age  of  twenty-one 
years  and  under  sixty,  which  tax  shall  be  appropriated  to  the 
improvement  of  the  streets  within  the  limits  of  the  city,  and  to 
no  other  purpose.      All  residents  of  the  city  shall  be  exempt 
from  working  on  public  roads  or  highways  beyond  the  city  limits, 
nor  shall  they  be  compelled  to  pay  any  tax  for  keeping  the 
same  in  repair. 

V.  Tax  for  payment  of  bonds.  —  The  mayor  and 
common  council  shall,  also,  each  fiscal  year,  by  ordinance,  levy 
and  cause  to  be  collected  a  tax  upon  real  and  personal  property, 
taxable  by  law  for  state  purposes,  within  said  city,  and  not  by 
general  law  exempt  from  municipal  taxation,  sufficient  for  the 
payment  of  the  amount  which  may  be  certified  to  them  by  the 
comptroller,  to  be  raised  by  taxation  for  the  payment  of  bonds 
and  coupons  maturing  during  the  fiscal  year. 

VI.  To  appropriate  money,  etc. — To  appropriate 
money  and  to  provide  for  the  payment  of  the  debts  and  expenses 
of  the  city. 

VII.  Power  as  to  franchises,  etc. — To  regulate  and 
control  the  use  of  all  rights,  franchises  and  privileges  granted 


48  ARTICLES  OF  INCORPORATION. 

by  it,  and  is  prohibited  from  releasing  or  surrendering  such 
power. 

VIII.  To  establish  streets,  etc. — To  establish,  open, 
vacate,  alter,  widen,  extend,  pave  or  otherwise  improve,   and 
sprinkle,   all  streets,  avenues,   sidewalks,   alleys,  wharves  and 
public  grounds  and  squares,  and  provide  for  the  payment  of  the 
costs  and  expenses  thereof,  in  the  manner  in  this  article  pre- 
scribed ;  and  also  to  provide  for  grading,   lighting,   cleaning 
and  repairing  the  same,  and  to  condemn  private  property  for 
public  uses,  as  provided  for  in  this  article  ;  to  establish  and 
maintain  water  works  for  fully  supplying  the  city  with  whole- 
some water,  and  to  distribute  the  same  for  public  and  private 
uses  in  such  manner  and  upon  such  terms  as  shall  be  provided 
by  ordinance  ;  to  establish  and  maintain  a  sanitary  system  and 
a  fire  department. 

IX.  To  erect   city  hall,  workhouses,  etc.  —  To 

erect,  purchase  or  rent  a  city  hall,  workhouses,  houses  of  cor- 
rection, poor  houses,  insane  asylums, engine  houses, and  all  other 
necessary  municipal  buildings  ;  sell,  lease,  abolish  or  otherwise 
dispose  of  the  same,  and  to  inclose,  improve,  regulate  or  sell 
all  parks  and  other  public  grounds  belonging  to  the  city. 

X.  Ordinances  to  secure  health,  etc. — The  mayor 
and  common  council  shall  have  power  to  make  regulations,  by 
ordinance,  to  secure  the  general  health  of  the  inhabitants  of  the 
city  by  any  measure  to  regulate,  suppress  or  abate,  within  the 
limits  of  the  city,  slaughter  houses,  slaughtering  animals,  soap 
factories,  stock  yards,  pig  pens,  cow  stables  and  dairies,  coal 
oil  and  vitriol  factories,  and  to  remove  the  same  ;  and  to  regu- 
late or  prevent  the  carrying  on  of  any  business  which  may  be 
dangerous  or  detrimencal  to  the  public  health,  or  the  manu- 
facture or  vending  of  articles  obnoxious  to  the  health  of  the 
inhabitants  ;   to  define  what  shall  be  deemed  nuisances,  to  pre- 
vent, abate  and  remove  nuisances  on  public  or  private  property 
in  a  summary  manner,  at  the  cost  of  the  occupant  or  owner  of 
the  premises  where  the  nuisance  or  cause  thereof  may    be  : 


POWEES  OF  COMMON  COUNCIL.  4£ 

Provided,  that  the  same  was  caused  by  the  occupant  or  owner 
of  the  premises  or  his  or  their  agent,  and  all  cost  and  expenses 
incurred  by  the  city  in  removing  or  abating  any  nuisance  on 
any  private  property  within  the  city  limits  shall  be  assessed 
against  the  occupant  or  owner,  if  caused  by  them  or  either 
of  them  or  their  agent,  and  the  same  shall  be  assessed 
as  a  special  tax  bill  against  such  private  property,  which  shall  be 
a  special  lien  against  such  property  in  same  manner  and  with 
same  effect  that  special  tax  bills  are  for  paving,  etc. ;  provided^ 
however,  that  same  is  caused  by  the  owner  of  the  property  or  nis 
consent  is  given  thereto,  and  may  punish  any  person  or  persons 
who  create,  maintain  or  refuse  to  abate  a  nuisance  by  fine  and 
imprisonment ;  and  to  create  a  board  of  health,  to  consist  of 
three  members,  who  shall  hold  office  for  one  year,  and  perform 
such  duties  and  have  such  powers  as  may  be  prescribed  by 
ordinance  ;  such  board  may  be  composed  of  members  of  com- 
mon council,  same  as  committees  of  council  ;  to  make  regula- 
tions to  prevent  the  introduction  of  contagious  diseases  into 
the  city  ;  to  make  quarantine  laws  for  that  purpose,  and  to 
enforce  them  within  the  city  and  within  two  miles  thereof  ;  to 
prevent,  abate  and  remove  nuisances  within  one  mile  of  the  city 
limits. 

XI.  To  provide  water,   etc. — To   provide  the  city 
with    water ;  to  make,   regulate    and    establish    public    wells, 
pumps  and  cisterns,  hydrants  and  reservoirs,  in   or   under  the 
streets  within   the   city,  or  beyond  the  limits  thereof,  for  the 
extinguishment  of  fires  and  the  convenience  of  the  inhabitants, 
and  to  prevent  unnecessary  waste  of  water. 

XII.  Exclusive  control  of  streets,  etc. — To  have 
exclusive  control  and  power  over  the  streets,  sidewalks,  alleys, 
landings,  public  grounds  and   highways   of  the  city  ;  to  open, 
alter,    widen,    extend,    establish,    grade,    pave    or   otherwise 
improve,  clean   and  keep   in  repair  the  same  ;  to  prevent  and 
remove  all  encroachments  thereon  or  obstructions   thereof  ;  to 
put  drains  and  sewers  in  the  same,  and  to  regulate  the  building 
of  vaults  under  sidewalks. 


50  ARTICLES  OF  INCORPORATION. 

XIII.  To  erect  bridges,  etc. — To   establish,   erect 
and  keep  in   repair  bridges,  culverts  and  sewers,  and  to  regu- 
late the   use   of  the   same  ;  to  establish,  alter  and  change  the 
channel  of  water  courses,  and  to  wall  them  up  and  cover  them 
over. 

XIV.  May  regulate   lighting    streets,   etc. — To 

provide  for  the  lighting  of  the  streets,  parks,  public  places  and 
city  buildings  within  and  of  the  city,  and  for  the  erecting  of  all 
lamps,  posts  or  other  fixtures  necessary  therefor,  and  to  regu- 
late, by  ordinance,  the  price,  quality  and  lighting  power  of 
each  lamp  or  light  furnished  to  the  city,  or  the  inhabitants 
thereof,  by  any  corporation,  person  or  persons. 

XV.  Market  houses,  etc. — To  provide  for  the  erec- 
tion of  market  houses  and  all  needful  buildings  for  the  use  of 
the  city ;  to  provide  for  the  government  and  regulation  of  mar- 
kets, market  places  and  meat  shops,  and  the  amount  of  license 
to  be  paid  therefor. 

XVI.  Hospitals,   etc. — To   establish,  erect  and  main- 
tain   hospitals    and    make     regulations    for    the    government 
thereof. 

XVII.  To   license,   tax   and  regulate,   etc. — To 

license,  tax  and  regulate  undertakers,  auctioneers,  merchants, 
grocers,  retailers,  second-hand  dealers,  junk-dealers,  hotels, 
boarding  houses,  tenement  houses,  office  buildings,  public  build- 
ings,public  halls, public  grounds, concerts, photographists, artists, 
agents, porters,  runners,  drummers,  public  lecturers,  public  meet- 
ings and  shows,  real  estate  agents  and  brokers,  financial  agents 
and  brokers,  horse  and  cattle  dealers,  patent  right  dealers,  inspec- 
tors and  gangers,  stockyard  proprietors,  examiners  of  titles,  con- 
veyancers, abstractors,  mercantile  agents,  insurance  companies 
and  insurance  agents,  bankers,  banking  or  other  corporations  or 
institutions,  telegraph  companies  or  corporations,  street  rail- 
road cars,  livery  and  sale  stables,  hackney  carriages,  private 
carriages,  barouches,  buggies,  wagons,  omnibuses,  carts,  drays 
and  other  vehicles,  and  all  other  business,  trades  and  avoca- 


POWERS  OF  COMMON  COUNCIL.  51 

tions  whatever  ;  to  fix  the  rates  for  carriage  of  persons,  and  of 
wagonage,  drayage  and  cartage  of  property,  and  to  regulate 
the  width  of  tires  of  all  vehicles  for  heavy  transportation  ;  to 
license,  regulate,  tax  or  suppress  ordinaries,  hawkers,  ped- 
dlers, pawn-brokers,  brokers,  money  changers,  intelligence 
offices,  public  masquerade  balls,  street  exhibitions,  dance 
houses,  fortune  tellers,  pistol  galleries,  lottery  ticket  dealers, 
corn  doctors,  private  and  venereal  hospitals,  museums  and 
menageries,  equestrian  performances,  horoscopic  views,  lung 
testers,  muscle  developers,  magnifying  glasses,  billiard  tables, 
or  any  other  tables  or  instruments  used  for  amusement ;  cir- 
cuses, operatic,  theatrical  and  other  exhibitions,  shows  and 
amusements,  saloons,  tippling  houses,  dramshops  and  gift 
enterprises;  and  to  suppress  prize  fights,  coon  fights,  dog 
fights,  chicken  cock  fights,  gaming  or  gambling  houses,  and 
to  suppress  bawdy  and  disorderly  houses,  houses  of  ill  fame 
and  assignation  ;  to  provide  for  and  enforce  the  registration  of 
births,  marriages  or  deaths  ;  to  license,  tax,  regulate  or  sup- 
press all  occupations  and  trades  not  heretofore  enumerated,  of 
whatever  name  or  character,  not  herein  excluded. 

XVIII.  To  license  hackmen,  etc. — To  license,  tax 
and  regulate  hackmen,  draymen,  omnibuses  and  abstractors  of 
titles,  and  to  license  and  restrain  runners  for  steamboats,  cars, 
stages  and  public  houses. 

XIX.  To    regulate    ferries.  —  To    have    exclusive 
power  to  license  ferries  and  to  regulate  the  same,  and  the  land- 
ing thereof  within  the  limits  of  the  city. 

XX.  To   authorize   issue   of   licenses,   etc. — To 

authorize  the  proper  officers  of  the  city  to  grant  and  issue 
licenses,  and  to  direct  the  manner  of  issuing  and  regulating  the 
same,  and  the  fees  and  charges  to  be  paid  therefor.  No 
license  shall  be  granted  for  more  than  one  year,  and  not  less 
than  two  dollars  and  fifty  cents  shall  be  charged  for  any 
license  under  this  article,  except  that  licenses  for  wagons, 
carriages,  bicycles  and  other  vehicles  may  be  issued  for  not 


52  ARTICLES  OF  INCORPORATION. 

less  than  one  dollar,  and  the  fees  for  issuing  the  same  shall 
not  exceed  one  dollar;  but  no  license  for  the  sale  of  wines  or 
other  liquors,  ardent,  vinous  or  spiritous,  at  retail,  shall  be 
issued  for  less  than  seven  hundred  and  fifty  dollars  per  annum; 
the  sum  provided  bj  law  shall  be  for  state,  forty-eight  per 
cent,  for  county,  and  the  remainder  for  municipal  purposes. 
[Amended  Laws  1897,  p.  48.  * 

XXL  To  regulate  dramshops. — To  have  exclusive 
power  to  restrain,  regulate,  license,  tax  or  suppress  dram- 
shops. All  criminal  courts  shall  have  original  and  concurrent 
jurisdiction  for  the  trial  of  offenses  arising  out  of  any  violation 
of  the  laws  in  relation  to  dramshops. 

XXil.     To  regulate  inspection  of  meats,  etc. — 

To  regulate  the  inspection  and  vending  of  flesh,  meats,  poultry 
and  vegetables,  of  butter,  lard  and  other  provisions,  and  the 
place  and  manner  of  selling  fish  and  inspecting  the  same. 

XXIII.  To  cause  weights  and  measures  to  be 
tested  and  sealed. — To  require  all   traders    or  dealers   in 
merchandise  or  property  of  any  description   which  is  sold  by 
measure  or  weight,  and  all  common  carriers  using  weights  and 
measures,  to  cause  their  weights  or  measures  to  be  tested  and 
sealed  by  the  proper  officer,  and  to  be  subject  to  his  inspec- 
tion.     The  standard  of  such  weights  and  measures  shall  con- 
form to  those  established  by  law. 

XXIV.  To  provide  for  measuring1  wood,  etc.— 

To  regulate  and  provide  for  inspecting  and  measuring  of  fire 
wood,  lumber,  shingles,  timber,  posts,  staves,  headings,  and 
all  kinds  of  building  materials,  and  for  measuring  all  kinds  of 
mechanical  work,  and  to  appoint  one  or  more  measurers  and 
inspectors  therefor,  and  to  make  provisions  for  the  inspection 
of  steam  boilers,  and  all  steam  heating  apparatus,  and  to 
license  engineers  using  steam  boilers  in  said  city. 

*  Because  of  irregularities  in  the  passage  of  this  amendment,  it  is  believed  that 
the  original  act,  providing  that  five  per  cent  of  dramshop  licenses  shall  be  for  state 
purposes,  remains  in  force. 


POWERS  OF  COMMON  COUNCIL.  53 

XXV.     To  provide  for   weighing  hay,   etc.— To 

provide  exclusively  for  the  inspection  and  weighing  of  hay, 
lime,  stonecoal,  charcoal  and  all  kinds  of  coal  used  for  fuel  or 
for  heating  purposes,  and  the  places  and  the  manner  of  weigh- 
ing the  same. 

XXYI.  To  regulate  inspection  of  beef,  etc.— 
To  regulate  the  inspection  of  beef,  pork,  flour,  meal  and  other 
provisions,  whisky  and  other  liquors  to  be  sold  in  barrels, 
hogsheads,  and  other  vessels  or  packages;  to  appoint  weighers, 
gaugers  and  inspectors,  and  to  prescribe  their  duties  and  regu- 
late their  fees:  Provided,  that  nothing  herein  shall  be  so 
construed  as  to  require  the  inspection  of  any  articles  enumer- 
ated herein  which  are  to  be  shipped  beyond  the  limits  of  this 
state,  except  at  the  request  of  the  owner  thereof  or  his  agent. 

XXVII.     To    regulate   quality  of  bread,   etc. — 

To  regulate  the  weight  and  quality  of  bread  to  be  sold  or  used 
in  the  city. 

XXIII.  To  suppress  riot,  etc. — To  prevent  and 
suppress  any  riot,  rout,  affray,  noise,  disturbance  or  disorderly 
assemblage,  in  any  public  or  private  place  within  the  city. 

XXIX.  To  suppress  horse  racing,   etc. — To  pre- 
vent, prohibit  and  suppress  horse   racing,  immoderate  riding 
or    driving    within    the    streets,     and    to    authorize    persons 
immoderately  riding  or  driving  as  aforesaid  to  be  stopped  by 
any  person;  to  prohibit  and  punish  the  abuse  of  animals;  to 
compel  persons  to  fasten  their  animals  attached  to  vehicles 
while  standing  in  the  streets. 

XXX.  To  punish  vagrants,  etc. — To  restrain  and 
punish  vagrants,   mendicants,   street  beggars  and  prostitutes, 
and   to   define   who  shall  be   considered  and   treated  as  vag- 
rants. 

XXXI.  To  prohibit   animals   from  running   at 
large. — To  prohibit  the  running  at  large  of  cattle,   hogs  and 
other  animals,  and  to  authorize  the  impounding  and  sale  of  the 
same  for  running  at  large  contrary  to  ordinance. 


54  ARTICLES  OF  INCORPORATION. 

IXXI 1.  To    prohibit    dogs    from     running*    at 
large. — To  tax,  regulate,  restrain  and  prohibit  the  running  at 
large  of  dogs,  and  to  authorize  their  destruction  when  at  large 
contrary  to  ordinance,  and  to  impose  penalties  on  the  owners 
or  keepers  thereof. 

XXXIII.  To  prohibit  annoyances  on  streets.— 

To  prohibit  the  rolling  of  hoops,  flying  of  kites,  or  any  amuse- 
ment or  practice  tending  to  annoy  persons  passing  on  the  streets 
or  sidewalks,  or  to  frighten  horses  or  teams  ;  to  restrain  and 
prohibit  the  ringing  of  bells,  blowing  of  horns  or  bugles,  cry- 
ing of  goods,  and  all  other  noises,  performances  and  practices 
tending  to  the  collection  of  persons  on  the  streets  and  sidewalks, 
by  auctioneers  and  others,  for  the  purpose  of  business,  amuse- 
ment or  otherwise. 

XXXIV.  Taking    enumeration. —  To    provide    for 
taking  an  enumeration  of  the  inhabitants  of  the  city. 

XXXV.  To  establish  workhouses,  etc.  —To  erect 
and  establish   a  workhouse  or  house   of  correction,  make  all 
necessary  regulations  therefor,  and  appoint  all  necessary  keepers 
or  assistants  ;  in  such  workhouse  or  house  of  correction  may  be 
confined  all  vagrants,  stragglers,  idlers  and  disorderly  persons 
who  may  be  committed  thereto  by  the  proper  officer  ;  and  all 
persons  sentenced  by  the  recorder's  [police]  court  in  such  city 
for  any  offense  cognizable  by  said  court,  and  any  person  who 
shall  fail  or  neglect  to  pay  any  fine  or  penalty  or  cost  imposed 
for  any  misdemeanor  or  breach  of  any  ordinance  of  the  city, 
may  be  kept  therein  subject  to  labor  on  the  streets  or  other 
places  of  confinement. 

XXXVI.  To  control  laying  railroad  tracks,etc.— 

To  direct  and  control  the  laying  and  construction  of  railroad 
tracks,  bridges,  turnouts  and  switches  in  the  streets  and  alleys, 
and  the  location  of  depot  grounds  within  the  city  ;  to  require 
that  said  railroad  tracks,  bridges,  turnouts  and  switches  shall 
be  so  constructed  and  laid  as  to  interfere  as  little  as  possible 
with  ordinary  travel  and  the  use  of  the  streets  and  alleys,  and 


POWERS  OF  COMMON  COUNCIL.  55 

that  sufficient  space  shall  be  left  on  either  side  of  the  said  tracks 
for  the  safe  and  convenient  passage  of  teams  and  persons  ;  to 
require  the  railroad  companies  to  keep  in  repair  the  streets  or 
alleys  through  which  their  tracks  may  run,  and  to  light  the 
same  ;  to  construct  and  keep  in  repair  suitable  crossings  at  the 
intersection  of  the  streets  and  alleys,  ditches,  sewers  and  cul- 
verts ;  to  compel  railroad  companies  to  construct  and  maintain 
suitable  viaducts  at  crossings  of  streets  and  alleys  when  deemed 
necessary  for  public  convenience  or  safety,  and  to  erect  and 
maintain  suitable  gates  at  railway  crossings  of  streets  and 
alleys  ;  to  direct  the  use  and  regulate  the  speed  of  locomotive 
engines  within  the  limits  of  the  city  ;  to  prohibit  and  restrain 
railroad  companies  from  doing  storage  or  warehouse  business, 
or  from  collecting  pay  for  storage. 

XXX  VII.  General  powers. — In  addition  to  the  powers 
specially  enumerated  and  conferred  in  the  foregoing  provisions 
of  this  section,  the  common  council  shall  have  further  power  to 
pass,  publish  and  amend  and  repeal  all  ordinances,  all  rules  and 
police  regulations,  not  in  harmony  with  the  constitution  and 
laws  of  the  United  States  and  the  constitution  of  this  state,  and 
necessary  for  the  good  government,  peace  and  order  of  the  city 
and  trade  and  commerce  thereof,  or  that  may  be  necessary  and 
proper  for  carrying  into  effect  the  provisions  of  this  article,  and 
the  powers  vested  thereby  in  the  corporation  or  any  department 
or  office  thereof  ;  to  enforce  the  observance  of  all  such  rules, 
ordinances  and  police  regulations,  and  to  punish  violations 
thereof  by  fines,  penalties  and  imprisonment  in  the  city  prison 
or  workhouse,  or  both,  in  the  discretion  of  the  court  before 
whom  conviction  may  be  had  ;  but  no  fine  or  penalty  shall 
exceed  five  hundred  dollars,  nor  imprisonment  to  exceed  six 
months  for  any  violation  of  any  ordinance  of  such  city  ;  and 
such  fine  and  penalty  may  be  recovered,  with  costs,  by  suit  in 
the  name  and  for  the  use  of  said  city  before  any  court  of  com- 
petent jurisdiction,  ajid  punishment  inflicted  ;  and  any  person 
upon  whom  any  fine  or  penalty  is  imposed  shall  stand  com- 
mitted until  the  payment  of  the  same,  with  costs,  and,  on  default 


•56  ARTICLES  OF  INCORPORATION. 

thereof,  may  be  imprisoned  in  the  city  prison  or  workhouse,  or 
may  be  required  to  work  on  the  streets  or  public  works  of  the 
<city,  for  such  time  and  in  such  manner  as  may  be  prescribed  by 
ordinance  :  Provided,  nothing  in  this  article  shall  be  construed 
.as  interfering  with  or  changing  the  metropolitan  police  system 
as  now  established  by  law  in  any  city  of  the  second  class  ;  and 
such  system  shall  be  maintained  until  changed  by  law. 

XXXVIII.  To  regulate  election  of  officers,  etc. — 

To  regulate  the  election  of  all  elective  officers,  and  provide  for 
removing  from  office  all  persons  holding  office  under  the 
provisions  of  this  article,  where  such  election  and  removal  is 
not  otherwise  provided  for  by  this  article. 

XXXIX.  To   provide  for   appointments,    etc.— 

To  provide  for  the  appointment  of  all  officers,  servants  and 
agents  of  the  corporation  not  otherwise  provided  for. 

XL.  Fees  of  jurors,  witnesses,  etc. — To  regulate 
"the  fees  of  all  jurors,  witnesses  and  others,  for  services  ren- 
•  dered  under  this  article  or  under  any  ordinance. 

XLL  To  cast  vote  of  the  city. — To  cast  the  vote  of 
the  city  in  all  elections  for  directors  or  other  officers  of  rail- 
roads or  other  corporations  in  which  said  city  shall  be  a  stock- 
Jholder. 

XLll.  Regulate  street  railroads,  etc. — To  have 
tthe  B'ole  authority  to  grant  the  right  to  any  person  or  persons, 
corporations  or  company,  to  make'  and  construct  street  rail- 
roads in  any  street  in  said  city,  and  to  regulate  and  control  the 
use  thereof  in  the  manner  hereinafter  provided. 

XLIIL  To  extend  city  limits,  etc. — To  extend  its 
limits,  specifying  the  new  line  or  lines  to  which  the  limits  shall 
•be  extended,  and  the  limits  of  the  city,  including  the  territory 
^brought  in.  All  courts  shall  take  judicial  notice  of  the  pas- 
sage and  approval  of  every  such  ordinance  and  the  terms 
thereof,  and  of  the  territorial  limits  of  every  city  of  the  second 
class.  [#.  S.  1889,  Sec. 


POWERS  OF  MUNICIPAL  AUTHORITIES.  57 

SEC.   2.     Cities    may   provide   for   inspection   of 

animals  intended  for  food. — All  cities  in  this  t-tate  are 
hereby  empowered  to  provide  by  ordinance  for  the  inspection, 
while  living,  of  all  animals  intended  as  human  food,  within 
such  cities.  [JR.  S.  1889,  Sec.  1892. 

SEC.  3.  Power  to  regulate  milk  dairies  and  sale 
of  milk. — All  cities  and  towns  in  the  state  shall  have  power, 
by  ordinance,  to  license  and  regulate  milk  dairies  and  the  sale 
of  milk,  and  provide  for  the  inspection  thereof.  [Laws  1891, 
p.  163. 

SEC.  4.  Gravel  and  macadamized  public  roads, 
cities  may  construct,  etc. — The  mayor  and  city  council  of 
any  city  or  incorporated  town  shall  have  the  power  to  annually 
appropriate  and  pay  out  of  the  treasury  of  such  city  or  incor- 
porated town,  a  sum  of  money,  not  to  exceed  ten  per  cent  of 
the  annual  general  revenue  thereof,  for  the  purpose  of  'con- 
structing, building  and  repairing  any  gravel,  macadamized  or 
other  graded  public  road  and  bridges  thereon,  leading  into  and 
entering  such  city  or  incorporated  town,  and  such  appropria- 
tion shall  be  made  by  ordinance  duly  enacted,  and  the  money 
so  appropriated  shall  be  applied  under  the  supervision  and 
direction  of  the  engineers  of  such  city  or  incorporated  town, 
and  of  the  county  in  which  the  same  is  situated,  who  shall  make 
due  report  thereof,  in  writing,  to  such  mayor  and  city  council. 
[E.  S.  1889,  Sec.  1833. 

SEC.  5.  Municipal  authorities  of  towns,  etc., 
may  \vork  roads,  etc. — It  shall  be  lawful  for  the  munici- 
pal authorities  of  cities,  towns  and  villages  in  this  state  to 
work,  grade  or  macadamize  roads,  streets  and  highways  lead- 
ing to  'and  from  such  cities,  towns  or  villages,  in  such  manner 
as  may  be  provided  by  ordinance  by  the  proper  authorities  of 
any  such  city,  town  or  village  ;  but  this  privilege  shall  not 
extend  to  a  greater  distance  than  five  miles  from  the  corporate 
limits  of  such  city,  village  or  town,  and  shall  not  be  construed* 
so  as  to  allow  any  obstruction  to  or  to  interfere  with  the  free 


58  ARTICLES  OF  INCORPORATION. 

use  of  any  such  road,  street  or  highway  by  the  public,  except 
so  far  as  may  be  necessary  while  working,  repairing  or  grading 
such  road  or  highway.  [jR.  S.  1889,  Sec.  7846. 

SEC.  ti.  Cities  may  prohibit  sale  of  cigarettes 
and  cigarette  wrappers  to  minors. — Any  city,  town 
or  village  in  this  state  existing  by  virtue  of  the  present  general 
law,  or  by  any  local  or  special  law,  may,  by  ordinance  or  act, 
prohibit  the  sale,  within  its  corporate  limits,  of  cigarettes  or 
cigarette  wrappers  to  minors — any  charter  provision  to  the  con- 
trary notwithstanding  ;  and  such  city,  town  or  village  may 
provide  punishment  or  fines  for  any  person,  persons  or  cor- 
poration violating  any  ordinance  authorized  by  this  section. 
[Laws  1895,  p.  152. 

SEC.  7.     Authorizing  the  working  of  convicted 

prisoners. — The  various  cities,  towns  and  villages  in  this 
state,  whether  organized  under  special  charter  or  under  the 
general  laws  of  the  state,  are  hereby  authorized  and  empow- 
ered to  (by  ordinance)  cause  all  persons  who  have  been  con- 
victed and  sentenced  by  the  mayor,  recorder,  or  other  court 
having  jurisdiction,  for  violation  of  ordinance  of  such  city, 
town  or  village,  whether  the  punishment  be  fine  or  imprison- 
ment, or  by  both,  to  be  put  to  work  and  perform  labor  on  the 
public  streets,  highways  and  alleys  or  other  public  works  or 
buildings  of  such  city,  town  or  village,  for  such  purposes  as 
such  city,  town  or  village  may  deem  necessary.  And  the  mar- 
shal, constable,  street  commissioner,  or  other  proper  officer  of 
such  city,  town  or  village,  shall  have  power  and  be  authorized 
and  required  to  have  or  cause  all  such  prisoners  as  may  be 
directed  by  the  mayor,  or  other  chief  officer  of  such  city,  town 
or  village,  to  work  out  the  full  number  of  days  for  which  they 
may  have  been  sentenced,  at  breaking  rock,  or  at  working 
upon  such  public  streets,  highways  or  alleys,  or  other  public 
works  or  buildings  of  such  city,  town  or  village  as  may  have 
been  designated.  And  if  the  punishment  is  by  fine,  and  the 
fine  be  not  paid,  then  for  every  dollar  of  such  judgment  the 


LIMITATION  OF  MUNICIPAL  POWER.  59 

prisoner  shall  work  one  day.  And  it  shall  be  deemed  a  part 
of  the  judgment  and  sentence  of  the  court  that  such  prisoner 
may  work  as  herein  provided.  [Laws  1391,  p.  63. 

SEC.  8.  No  authority  to  tax  professions. — Here- 
after no  person  following  for  a  livelihood  the  profession  or 
calling  of  a  minister  of  the  gospel,  teacher,  professor  in  a  col- 
lege, priest,  lawyer  or  doctor  of  medicine  in  this  state,  shall  be 
taxed  or  made  liable  to  pay  any  municipal  or  other  corporation 
tax  or  license  fee  of  any  descripion  whatever  for  the  privilege 
of  following  or  carrying  on  such  profession  or  calling,  any 
law,  ordinance  or  charter  to  the  contrary  notwithstanding. 
[E.  S.  1889,  Sec.  980. 

SEC.  9.  Business  not  taxable,  when. — No  munici- 
pal corporation  in  this  state  shall  have  the  power  to  impose  a 
license  tax  upon  any  business  avocation,  pursuit  or  calling, 
unless  such  business  avocation,  pursuit  or  calling  is  specially 
named  as  taxable  in  the  charter  of  such  municipal  corporation, 
or  unless  such  power  be  conferred  by  statute.  [7?.  /S.  1889, 
Sec.  1900. 

SEC.   10.     Produce  cannot   be  taxed,  when. — No 

incorporated  city,  town  or  village  in  this  state  shall  have  power 
to  levy  or  collect  any  tax,  license  or  fees  from  any  farmer,  or 
producer  or  producers,  for  the  sale  of  produce  raised  by  him, 
her  or  them,  when  sold  from  his,  her  or  their  wagon,  cart 
or  vehicle,  or  from  any  person  or  persons  in  the  employ  of 
such  farmer  or  producer  in  any  such  city,  town  or  village. 
[_E.  S.  1889,  Sec.  1920. 

SEC.    11.      Appropriations,    when    made,    etc.— 

Within  the  first  month  of  each  fiscal  year  the  common  council 
shall,  as  far  as  practicable,  make  all  the  necessary  apportionments 
of  the  revenue  to  be  raised  for  such  year  to  the  expenses  of  the 
several  departments,  and  for  all  public  works,  under  proper 
headings,  and  for  such  other  objects  as  may  be  necessary  to 
provide  for.  All  ordinances  that  contemplate  the  payment  of 
money  shall,  upon  their  second  reading,  be  referred  to  the 


60  ARTICLES  OF  INCORPORATION. 

appropriate  committee,  who  shall  obtain  the  indorsement 
thereon  of  the  comptroller,  to  the  effect  that  sufficient  unap- 
propriated means  stand  to  the  credit  of  the  fund  or  revenue 
account  therein  mentioned,  to  meet  the  requirements  of  said 
ordinance,  and  that  the  same  is  in  the  treasury,  or  it  shall  not 
be  lawful  to  pass  the  said  ordinance.  [R.  S.  1889,  Sec.  1302. 

SEC.  12.  Limit  on  appropriations. — The  common 
council  shall  not  appropriate  money  for  any  purpose  whatever 
in  excess  of  the  revenue  of  that  fiscal  year  actually  collected 
and  in  the  treasury  at  the  time  of  such  appropriation  and  unap- 
propriated. Neither  the  common  council  nor  any  officer  in  the 
city,  except  the  comptroller  in  the  single  instance  in  this  article 
provided,  shall  have  authority  to  make  any  contract,  or  do  any 
act  binding  such  city,  or  imposing  upon  said  city  any  liability 
to  pay  money,  until  a  definite  amount  of  money  shall  first  have 
been  appropriated  for  the  liquidation  of  all  pecuniary  liability 
of  said  city  under  said  contract  or  in  consequence  of  said  act, 
and  the  amount  of  said  appropriation  shall  be  the  maximum 
limit  of  the  liability  of  the  city  under  any  such  contract  or  in 
consequence  of  any  such  act — said  contract  or  action  to  be,  ab 
initio  null  and  void  as  to  the  city  for  any  other  or  further 
liability.  Any  member  of  the  common  council  who  shall 
knowingly  vote  for  any  appropriation  of  money  or  the  making 
of  any  contract  in  violation  of  this  article,  or  any  officer  of 
the  city  who  shall  knowingly  do  any  act  to  impose  any  liabil- 
ity to  pay  money  contrary  to  the  provisions  of  this  section 
upon  the  city,  any  pecuniary  liability  in  excess  of  the  authority 
in  this  article  limited,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction,  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  one  thousand  dollars,  or  imprisonment 
in  the  county  jail  not  less  than  one  year,  or  by  both  such  fine 
and  imprisonment.  If  any  financial  officer  of  the  city  shall 
buy  or  sell,  for  the  purpose  of  speculation,  any  indebtedness 
of  the  city,  or  deal  therein  during  his  term  of  office,  he  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  be  punished 
by  a  fine  of  not  less  than  one  hundred  nor  more  than  one 


POWERS  OF  MUNICIPAL  AUTHORITIES — SINKING  FUND.       61 

thousand  dollars,  or  imprisonment  in  the  county  jail  not  less 
than  one  month  nor  more  than  one  year,  or  by  both  such  fine 
and  imprisonment.  [R.  S.  1889,  Sec.  1303. 

SEC.  13.  Tax  for  sinking  fund. — In  any  city  of 
the  second  class  having  a  bounded  [bonded]  debt  requiring 
an  annual  tax  levy  equal  to  or  in  excess  of  one  fourth  of  one 
per  centum  per  annum,  in  order  to  pay  off  said  debt  by  the 
time  it  shall  fall  due,  the  mayor  and  common  council  shall 
each  year  levy  a  special  tax  of  one-fourth  of  one  per  centum 
upon  all  real  and  personal  property  taxable  by  law  for  state 
purposes  within  said  city,  and  not  by  general  law  exempt  from 
municipal  taxation,  for  the  purpose  of  creating  a  sinking  fund 
for  the  redemption  of  the  bonds  of  the  city,  which  tax,  when 
collected,  shall  be  applied  by  the  comptroller  to  the  purchase 
of.  the  bonds  of  the  city,  upon  the  most  advantageous  terms 
that  may  be  offered  in  response  to  a  public  advertisement,  to 
be  made  in  two  daily  papers  of  the  city  ;  and  in  the  event  that 
the  bonds  of  the  city  are  not  offered  at  par  or  less,  in  response 
to  such  advertisement,  in  sufficient  sum  to  take  up  the  whole 
amount  of  the  sinking  fund  on  hand  during  any  year,  the 
comptroller,  with  the  consent  of  the  finance  committee,  may 
accept  subsequently  such  city  bonds  as  may  be  offered,  to  the 
amount  of  such  fund  on  hand,  and  at  such  prices  as  may  be 
agreed  upon ;  or  if  such  bonds  cannot  be  bought  at  par  or  less, 
the  comptroller,  with  the  consent  of  said  committee,  may  in- 
vest the  fund  in  the  bonds  of  the  county,  the  state  or  the 
United  States,  at  their  lowest  market  price.  [Laws  1891,  p.  50. 


62 


ARTICLES  OF  INCORPORATION. 


ARTICLE  IX. 


REVENUE— LEVY  OF  TAXES. 


SECTION 

1.  No  exemption. 

2.  Maps  and  plats. 

3.  Deputy  assessors. 

4.  To    advertise,    when   lists    to    be 

made. 

5.  Assessment,  when  to  be  made. 

6.  Lists  to  embrace  what. 

7.  Assessor  to  be  at  office. 

8.  May  administer  oaths. 

9.  Assessment  of  corporation. 

10.  Same,  corporation  property. 

11.  Assessments,  how  returned. 

12.  Certificate  to  be  verified. 

13.  Notice  of  board  of  appeals. 

14.  Who  constitutes  the  board. 

15.  Proceedings  of  board. 

16.  Gross  amount  of  valuation  to  be 

furnished,  levy. 

17.  Auditor  to  extend  taxes. 

18.  Tax  books  to  show  what. 

19.  Tax  upon  merchants. 

20.  Delinquent   taxes    to    be    carried 

forward. 

Taxes  not  paid,  penalty. 
Rebate  allowed,  when. 
Taxes  to  be  received  on  parts  of 

lots,  when. 

24.  Receipts  to  be  given  on  payment. 

25.  Collections  by  distress  and  sale. 

26.  Same,  delinquent  taxes. 

27.  Collector  may  call  assistance. 

28.  When  tax  payer  removes. 

29.  Shares  of  stock  may  be  sold. 

30.  Collector  to  furnish   comptroller 

list  of  unpaid  taxes. 

31.  Taxes,  when  delinquent. 

32.  City  collector  to  sell  real  estate. 

33.  Notice,  how  given. 

34.  Same,  notice,  how  given. 

35.  Sale  of  property. 

36.  The  purchaser. 

37.  The  whole  lot  may  be  sold. 

38.  City  auditor  shall  attend  all  sales. 

39.  Sale  may  be  adjourned. 


SECTION 

40.  Property  may  be  bought  for  city. 

41.  Auditor  and   collector   failing  to 

attend  sale. 

42.  Sale,  when  made  in  November. 

43.  Certificate    of   purchase  to  be  is- 

sued. 

44.  Duplicate  receipts  to  be  issued. 

45.  Property  may  be  redeemed. 

46.  Same,  how  redeemed. 

47.  Redemption  of  property  of  minors. 

48.  Redemption  after  deed. 

49.  Redemption    money   to    be    paid 

over. 

50.  Redemption  from  city. 

51.  Unredeemed  property  to    be   ad- 

vertised. 

52.  Certificate  of  publication. 

53.  Deed,  when  to  be  made. 

54.  Form  of  deed. 

55.  What  proof   necessary  to  defeat 

title. 

56.  Suit  to  be  commenced,  when. 

57.  Deed  to  be  recorded,  when. 

58.  Effect  of  recording  tax  deed. 

59.  Taxes  paid  may  be  recovered. 

60.  Title  shall  not  fail,  when. 

61.  Comptroller  may  abate  tax. 

62.  Proceedings  to  be   liberally  con 

strued. 

63.  Descriptions,  how  made,  abbrevi- 

ations. 

64.  Penalty  for  failing  of  duty. 

65.  Sale,  when  discontinued. 

66.  Suits  for  taxes. 

67.  Statement,  when  sufficient. 

68.  Who  to  be  defendants. 

69.  The  judgment,  form  of. 

70.  What  taxes  may  be  included  in 

one  suit. 

71.  What  courts  have  jurisdiction. 

72.  Practice  to  be  as  in  civil  cases. 

73.  Books  to  be  received  in  evidence. 

74.  Attorney  fee  of  ten  per  centum. 

75.  Certain  terms  explained. 


SECTION  1.  Property  not  exempt. — No  person  or 
property  shall  be  exempted  or  released  from  any  burden 
imposed  by  or  according  to  law.  No  general  or  special  tax 


REVENUE — LEVY  OF  TAXES.  63 

assessment,  or  interest  or  penalty  thereon,  shall  be  remitted  or 
abated,  or  the  right  to  enforce  payment  thereon  be  released, 
except  in  correction  of  errors  or  mistakes  after  the  levy  of 
any  tax  ;  neither  the  amount  thereof  nor  the  valuation  of 
of  any  property  for  the  levy  shall  be  reduced,  except  only  in 
the  correction  of  clerical  errors  or  mistakes.  *  *  *  *  * 
{E.  S.  1889,  Sec.  1271. 

SEC.  2.     Assessor    to    keep    maps,   plats,   etc.— 

The  c^ity  assessor  shall  have  charge  of  and  keep  in  his  office  all 
maps,  plats,  books,  papers,  records  and  other  property  that 
may  be  provided  by  the  city  to  aid  in  the  assessment  of  prop- 
erty or  polls,  and  he  and  his  securities  shall  be  liable  on  his 
official  bond  for  the  preservation  of  the  same  and  the  delivery 
thereof  to  his  successor  in  office.  [7?  S.  1889,  Sec.  1318. 

SEC.   3.     Assessor   may   appoint   deputies. — The 

assessor  may,  by  an  instrument  in  writing  under  his  hand, 
appoint  one  or  more  competent  deputies,  who  shall  have  and 
exercise,  under  supervision  of  the  assessor,  all  the  powers  and 
perform  any  of  the  duties  of  the  assessor,  and  may  remove 
such  deputies  at  his  pleasure.  The  assessor  and  his  securities 
shall  be  responsible  on  his  official  bond  for  all  acts  done  or 
omitted  by  any  of  his  deputies,  in  the  same  manner  as  for  his 
own  acts  or  omissions.  \_R.  S.  1889,  Sec.  1319. 

SEC.  4.  To  advertise  when  lists  shall  be  made 
out  and  delivered. — The  assessor  shall,  at  least  ten  days 
before  the  first  day  of  January  in  each  year,  give  public  notice, 
by  advertisement  in  some  daily  paper  published  in  the  city, 
and  also  by  hand-bills  posted  and  circulated  throughout  the 
city,  that  all  persons  owning  or  having  in  their  possession  or 
under  their  control,  whether  as  owner  or  agent  of  another,  on 
the  first  day  of  January  next  ensuing,  personal  property  sub- 
ject to  municipal  taxation,  are  required  to  deliver  to  him,  at 
his  office,  on  or  before  the  fifteenth  day  of  February  next,  lists 
of  all  such  property,  classified  as  required  by  law,  with  the  true 
cash  value  thereof  ;  and  that  all  merchants  doing  business  in 


64  ARTICLES  OF  INCORPORATION. 

the  city  are  required  within  the  same  time  to  furnish  to  him,  at 
his  office,  a  true  statement,  verified  by  the  oath  or  affidavit  of 
such  merchant,  or  his  agent,  of  the  highest  amount  in  value  of 
all  goods,  wares  and  merchandise  owned  or  kept  on  hand  for 
sale  by  such  merchant,  at  any  time  within  three  months  before 
such  first  day  of  January.  [72.  S.  1889,  Sec.  1320. 

SEC.  5.  Assessments,  when  to  be  made.  —  It  shall 
be  the  duty  of  the  city  assessor,  between  the  first  day  of  Jan- 
uary and  the  fifteenth  day  of  March  of  each  year,  to  make 
and  return  to  the  council  a  full  and  complete  assessment  of  all 
property,  real  and  personal,  in  such  city,  on  the  first  day  of 
January  of  such  year,  and  not  exempt  from  municipal  taxation, 
excepting  the  goods,  wares  and  merchandise  kept  on  hand  for 
sale  by  merchants,  and  excepting  the  property  of  corporations 
whose  capital  stock  is  liable  to  taxation  at  the  cash  value  of 
such  property;  also,  a  list  of  all  merchants  doing  business  in 
said  city,  with  the  cash  value  of  highest  amount  of  goods, 
wares  and  merchandise  owned  or  kept  on  hand  by  each,  for 
sale  at  any  time  within  three  months  before  the  first  day  of 
January  of  such  year.  Also,  a  list  of  all  foreign  insurance 
companies  doing  business  in  the  city,  whose  agents  are  required 
by  law  to  make  returns  of  amounts  of  premiums  received  to 
him,  with  the  names  of  the  agents  of  each  of  such  companies, 
and  the  amount  of  premiums  received  by  each  as  returned  to 
him  according  to  law  ;  and  also,  a  list,  in  alphabetical  order, 
of  the  names  of  all  persons  in  the  city  on  such  first  day  of 
January  liable  to  pay  a  poll-tax.  All  real  estate  assessed  shall 
be  returned  in  one  book,  and  all  other  lists  in  one  book  under 
separate  headings.  Such  books  shall  contain  appropriate  blank 
columns  for  the  extension  of  all  taxes  therein,  and  shall  be 
certified,  verified  and  returned  as  hereinafter  provided.  [72. 
8.  1889,  Sec. 


SEC.  6.  Lists  to  embrace  what.  —  It  shall  be  the  duty 
of  every  person  owning  or  having  under  his  control  any  personal 
property  subject  to  municipal  taxation  for  any  fiscal  year,  to 


REVENUE — LEVY  OF  TAXES.  65 

deliver  to  the  city  assessor,  at  his  office,  on  or  before  the  fif- 
teenth day  of  February  next  preceding  such  fiscal  year,  a  true 
and  complete  list  thereof,  with  the  actual  cash  value  of  such 
property,  stating  in  such  list: 

T.     The   number   of  horses  and   other  live  stock  and  the 
value  thereof. 

II.  The  number  of  carriages  and  vehicles  of  every  descrip- 
tion, and  the  value  thereof. 

III.  The  amount  and  value  of  all  household  goods  and 
property. 

IV.  The  amount  of  money  and  credits  of  every  descrip- 
tion. 

Y.     The  number  and  value  of  all  watches  and  other  jew- 
elry. 

VI.  The  amount  of  stock  or  shares  in  any  company  or 
corporation  not  required  by  law  to  be  otherwise  listed. 

VII.  All  other  personal  property  subject  to  taxation  by 
the  city,  and  the  value  thereof,  so  belonging  to  him  or  under 
his  control  on  the  first  day  of  January  of  such  year.      [7?.    S. 
1889,  Sec.  m%. 

SEC.  7.     Assessor  shall  attend  his  office,  when. 

— On  and  after  the  first  day  of  January,  the  assessor  shall 
attend  at  his  office,  and  keep  the  same  open  himself  or  by 
some  one  of  his  deputies,  on  every  week  day,  up  to  and  in- 
cluding the  fifteenth  day  of  February  following,  from  the  hour 
of  eight  in  the  forenoon  till  twelve  o'clock  noon,  and  from  two 
to  five  o'clock  in  the  afternoon,  for  the  purpose  of  receiving 
the  lists  of  property  and  statements  of  merchants  and  others 
by  this  article  required  to  be  delivered  to  him,  and  shall,  at  all 
times,  keep  on  hand  and  furnish  to  persons  lawfully  requiring 
the  same,  all  necessary  blanks  and  forms  of  lists  and  state- 
ments required  by  this  article.  \R.  S.  1889,  Sec.  1323. 

SEC.  8.     He  may  administer  oaths. — The  assessor 
and  his  deputies  shall  be  authorized  to  administer  oaths  and 

5 


66  ARTICLES  OF  INCORPORATION. 

affirmations,  and  he  may  require  any  person  to  verify,  by  affi- 
davit, any  list  made  by  him  ;  and  may  also  examine  on  oath 
any  person  touching  the  personal  property  for  which  he  is 
liable  to  be  assessed,  or  the  value  thereof,  or  the  amount  of 
goods,  wares,  merchandise  owned  or  kept  by  him  as  merchant ; 
and  may,  by  a  notice  delivered  to  any  person  or  left  at  his  resi- 
dence, office  or  place  of  business,  require  such  person,  within 
five  days,  to  deliver  to  him  at  the  assessor's  office  any  list  or 
statement  necessary  for  the  purpose  of  making  the  assessment, 
and  to  verify  the  same  by  affidavit;  and  any  person  failing  or 
refusing  to  verify  such  list  when  thereto  requested  by  the  as- 
sessor, or  to  be  examined  or  answer  on  oath  regarding  his 
property  and  merchandise  when  thereto  requested  by  the  as- 
sessor, or  to  deliver  and  verify  such  list  and  statement  when 
notified  by  the  assessor  so  to  do,  shall  forfeit  to  the  city  the 
;sum  of  one  hundred  dollars,  to  be  recovered  in  an  action  there- 
for in  the  name  of  the  city,  to  be  instituted  under  the  direction 
of  the  comptroller  before  the  city  recorder,  or  any  court  of 
competent  jurisdiction;  and  the  assessor  shall  assess  such  per- 
son according  to  the  best  information  he  can  get,  without  stat- 
ing the  kind  of  personal  property  as  provided  in  section  1322. 
,[JK.  &  1889,  Sec.  1884. 

SEC.  9.  Assessment  of  corporations. — The  prop- 
erty of  all  corporations  and  companies,  excepting  the  personal 
property  of  incorporated  banks,  shall  be  assessed  and  taxed  as 
the  property  of  individuals  is  assessed  and  taxed.  All  shares 
of  stock  of  incorporated  banks,  whether  organized  under  the 
laws  of  this  state  or  the  United  States,  shall  be  assessed  at 
their  actual  cash  value.  The  president  or  other  chief  officer  of 
any  such  bank  shall  each  year  within  the  time  prescribed  by 
law  for  listing  personal  property,  under  oath,  deliver  to  the  as- 
sessor a  list  of  all  shares  of  stock  held  therein,  and  the  names 
of  the  persons  holding  the  same  on  the  first  day  of  January, 
together  with  a  list  of  all  real  estate  belonging  to  such  cor- 
poration, and  lying  within  the  limits  of  the  city,  which  real 
estate  shall  be  listed,  assessed  and  taxed  as  all  other  real  estate 


REVENUE — LEVY  OF  TAXES.  67 

is;  and  he  shall  also  state  upon  oath,  the  actual  cash  value  of  such 
stocks,  and  such  stock  shall  be  assessed  at  its  actual  cash  value 
to  the  owners  thereof  as  other  personal  property  is  taxed,  in  one 
list  by  itself  on  the  personal  property  tax-book  of  the  assessor, 
in  a  column  headed  by  the  name  of  the  bank  whose  stock  is 
thus  assessed  and  taxed.  The  taxes  assessed  on  shares  of 
stock  embraced  in  such  list  shall  be  paid  by  the  corporations 
respectively  as  agents  of  each  of  its  shareholders,  and  shall  be 
a  lien  upon  such  shares  from  the  first  day  of  January  before 
the  fiscal  year  for  which  the  same  are  assessed,  and  these  cor- 
porations may  recover  from  the  owners  of  such  shares  the 
amounts  so  paid  by  them,  or  deduct  the  same  from  the  divi- 
dends accruing  on  such  shares  ;  and  the  amount  so  paid  shall 
be  a  lien  on  such  shares  respectively  from  the  date  aforesaid, 
and  shall  be  paid  before  a  transfer  thereof  shall  be  made.  If 
any  president  or  other  chief  officer  of  any  such  corporation 
fail  to  comply  with  the  provisions  of  this  section,  he  shall  for- 
feit to  the  city  the  sum  of  one  thousand  dollars,  to  be  recov- 
ered by  the  city  as  plaintiff  in  any  court  of  competent  jurisdic- 
tion, and  the  assessor  shall  proceed  to  assess  the  stock  of  such 
-corporation  as  nearly  correct  as  he  may  be  able  to  do;  and  if  in 
any  manner,  by  reason  of  a  former  defective  assessment,  or  of 
a  non-assessment  of  the  whole,  or  any  part  of  the  stock  of  any 
bank  within  any  previous  period  of  five  years,  the  tax  on  such 
stock  has  not  or  could  not  be  collected,  then  the  assessor  shall 
in  any  subsequent  year,  within  the  term  of  five  years,  assess 
such  stock  according  to  his  best  knowledge  of  the  owners 
thereof  who  should  have  been  assessed  at  the  date  of  such  new 
assessment,  or  such  defective  assessment,  was  or  should  have 
been  made;  and  such  additional  assessment  list  shall  be  entered 
in  a  list  by  itself  on  the  personal  property  tax-book,  in  a 
column  headed  by  the  name  of  the  bank  whose  stock  is  so 
assessed,  and  showing  that  it  is  for  the  back  years  intended. 
[It.  S.  1889,  Sec.  1325. 

SEC.  10.     Taxation  of   railroad,    telegraph   and 
bridge  companies. — Upon  all  property  owned  by  any  rail- 


68  ARTICLES  OF  INCORPORATION. 

road,  telegraph  or  bridge  company  within  such  city,  subject  to 
taxation  for  state  and  county  purposes,  upon  which  a  city  tax  has 
heretofore  been  levied  and  collected  by  county  officers,  such 
city  is  hereby  empowered  to  levy  and  collect  taxes  upon  such 
property  in  the  same  manner  that  taxes  are  levied  and  collected 
upon  other  property  within  the  city  ;  and  the  valuation  upon 
which  a  tax  may  be  levied  and  collected  shall  be  the  last  valu- 
ation fixed  by  the  state  board  of  equalization  prior  to  January 
first  of  each  year.  [JR.  8.  1889,  Sec.  1388. 

SEC.  11.  Assessments,  how  returned. — The  asses- 
sor shall  return  on  his  assessment  book  of  real  property,  in 
tabular  form,  each  parcel  of  real  estate  subject  to  taxation,  with 
the  description  and  value  thereof  in  numerical  order  as  to  the 
lots  and  blocks,  or  sections  or  subdivisions  thereof,  and  in  a 
separate  column  the  value  attached  by  the  assessor  to  each  par- 
cel or  description.  When  any  property  is  not  laid  off  in  lots 
or  blocks,  the  assessor  shall  describe  the  same  by  any  pertinent 
description,  and  for  the  purpose  of  such  description  may  require 
the  owner  thereof  to  furnish  such  description.  It  shall  be  the 
duty  of  all  the  owners  of  property  not  so  laid  off  in  lots  or 
blocks  to  furnish  to  the  assessor  a  sufficient  description  thereof, 
and  in  the  case  of  the  failure  of  any  such  owner  to  furnish 
such  description  at  least  fifteen  days  before  the  time  fixed  for 
the  return  of  the  assessment,  the  assessor  may  require  the  city 
engineer  to  make  and  return  to  him  a  survey  of  such  property, 
and  the  expense  of  such  survey  shall  be  returned  by  the 
assessor,  together  with  his  assessment  of  the  property,  and 
shall  be  added  to  the  tax  to  be  levied  upon  the  property,  and 
collected  as  a  part  thereof.  The  owner  of  an  undivided  inter- 
est in  any  parcel  of  land  may  furnish  to  the  assessor,  at  any 
time  before  his  assessment  is  returned,  a  description  of  such 
parcel,  with  the  amount  of  his  interest  therein,  and  the  assessor 
shall  then  assess  such  undivided  interest  with  the  name  of  the 
owner  thereof  as  a  separate  parcel ;  but  unless  such  descrip- 
tion and  statement  is  so  furnished,  the  assessor  shall  not  be 
required  to  make  such  separate  assessment.  The  assessor  shall 


EEVENUE — LEVY  OF  TAXES.  69 

number  each  parcel  of  land  assessed  in  the  order  of  the  same 
upon  the  assessment  book.  If  the  assessor  shall  discover  that 
any  real  or  personal  property,  which  was  subject  to  taxation 
for  any  previous  year,  was  not  assessed,  or  for  any  cause  has 
escaped  taxation  for  such,  year,  it  shall  be  the  duty  of  the 
assessor,  in  addition  to  the  assessment  for  the  then  ensuing 
year,  to  assess  such  property  for  the  year  or  years  in  which  the 
same  was  untaxed.  \_R.  S.  1889,  Sec.  1326. 

SEC.   12.     Affidavit  to  return  of  certificate. — Upon 

the  completion  of  his  assessment,  the  assessor  shall  endorse 
upon  each  of  his  assessment  books  his  certificate  that  he  has 
made  diligent  efforts  to  ascertain  all  taxable  property  of  the 
class  or  kind  assessed  in  such  book  and  all  persons  liable  to 
poll  tax  for  the  fiscal  year,  being  or  situate  in  the  city,  and 
that  so  far  as  he  has  been  able  to  ascertain,  the  same  is  cor- 
rectly set  forth  in  the  book;  which  certificate  he  shall  verify  by 
his  affidavit,  and  then  return  the  assessment  to  the  council  by 
delivering  the  same  to  the  city  clerk  at  his  office.  [JR.  /S.  1889, 
Sec.  1327. 

SEC.  13.  Notice  of  sitting  of  board  of  appeals. 
—The  city  clerk  shall  cause  to  be  published,  in  at  least  one 
newspaper  published  in  said  city,  and  for  at  least  five  days 
before  the  day  fixed  by  law  for  the  sitting  of  the  board  of  ap- 
peals, a  notice  to  all  tax  payers  of  the  city  that  the  board  of 
appeals  will  hold  its  annual  session  on  the  days  prescribed  by 
law,  and  stating  the  place  where  such  board  will  hold  its  ses- 
sion, and  that  in  the  meantime  the  assessment  for  the  ensuing 
fiscal  year  will  be  open  to  the  inspection  of  the  public  at  the 
office  of  the  city  clerk.  \_E.  S.  1889,  Sec.  1329. 

SEC.  14.    Board  of  appeals — sessions,  when  held. 

—The  mayor,  comptroller  and  the  alderman,  who  is  the  chair- 
man of  the  finance  committee,  shall  be  and  constitute  the  board 
of  appeals  and  complaints  of  any  party  aggrieved  by  the 
assessment  as  made  by  the  assessor ;  a  majority  of  the 
members  of  said  board  shall  constitute  a  quorum  for  the 


TO  ARTICLES  OF  INCORPORATION. 

transaction  of  business.  Said  board  shall  hold  its  session 
in  each  year  for  not  more  than  twelve  nor  less  than  six 
days,  beginning  on  the  fourth  Monday  in  March  in  each  year  ; 
said  alderman  shall  receive  five  dollars  per  day  for  his  services 
on  such  board.  [E.  £  1889,  Sec.  1330.  Amended  Laws  1897, 
p  48. 

SEC.   15.     Proceedings    of  board    in    equalizing: 

assessments. — The  city  clerk  shall  deliver  to  the  board  of 
appeals  the  assessment  books  on  the  first  day  of  the  session  of 
said  board,  and  he  shall  act  as  clerk  of  said  board  ;  any  person 
aggrieved  by  an  error  in  the  assessment  may  make  his  com- 
plaint or  appeal  on  account  of  such  error  in  writing.  The 
board  shall  hear  and  determine  the  same  summarily,  and  may 
examine  the  person  appealing  and  any  other  person  on  oath 
touching  the  matter  complained  of,  and  shall  have  power  to 
compel  attendance  of  witnesses  and  production  of  books  and 
papers,  and  to  this  end  the  chief  of  police  of  the  city  shall 
execute  such  process  as  may  be  issued  by  said  board.  If  they 
propose  to  increase  the  assessment  in  any  case,  they  shall 
ca^e  notice  thereof  to  be  served  upon  the  owner  (or  his  agent 
or  representative)  of  such  property,  if  within  the  city,  who 
shall  have  the  right  to  be  heard  upon  such  proposed  increase. 
If  the  board  shall  find  any  error  in  the  assessment,  they  shall 
order  the  same  to  be  changed  and  corrected,  and  for  the  pur- 
pose of  making  the  same  fair  and  just,  may  increase  or  dimin- 
ish the  valuation  of  any  property  to  its  fair  cash  value.  The 
assessor  shall  also  attend  upon  the  sessions  of  the  board,  and 
make  such  corrections  on  the  assessments  as  may  be  ordered 
by  the  board  ;  such  correction  shall  not  be  made  by  an  erasure 
or  interlineation,  but  be  placed  in  a  column  opposite  original 
valuation,  and  the  change  in  valuation  of  each  class  placed 
over  same  in  red  ink.  [J?.  /S.  1889,  Sec.  1331. 

SEC.  16.  Assessments  upon  which  levy  shall  be 
made — proceedings. — At  the  first  meeting  of  the  common 
council  for  each  fiscal  year,  the  city  clerk  shall  present  to  the 


REVENUE — LEVY  OF  TAXES.  71 

council  the  assessment  and  an  abstract  of  the  gross  amount  of 
the   valuation  of  real  estate,  personal  property,  goods,  wares 
and  merchandise  of  merchants,  taxable  premiums  of  insurance 
companies,  and  the  number  of  polls  as  shown  thereby,  upon 
which  the  council  shall  proceed,  by  ordinance,  to  levy  the  taxes 
for  the  fiscal  year  :    Provided,  that  if  the  proposition  to  organ- 
ize as  a  city  of  the  second  class  is   adopted   between  the  first 
day  of  January  and  the  first  meeting  of  the  council  aforesaid, 
the  levy  herein  required  shall  be  made  for  the  first  fiscal  year 
only,  upon  the  last  assessment  under  the  law  in  force  in  such 
city,  and  the  books  containing  such  assessment  of  real  and 
personal   prpperty    and  polls   shall   be  by  the   collector,  city 
assessor,  or  other  proper  officer,  furnished  to  the  council  before 
the  time  for  making  the  levy  aforesaid,  by  delivering  the  same 
to  the  city  clerk  and  auditor,   for  the  purpose  in  this  section 
prescribed  ;  which   said  assessment    so  adopted  shall   be  the 
assessment  for  that  year,  and  for  the  purposes  of  this  article 
and  the  levy  aforesaid,  shall  be  as  valid  and  effectual  as  though 
it  had  been  made  under  and  according  to  the  provisions  of 
this    article.     It    shall    be    the    duty    of    the    city    register, 
assessor,  or  other  proper  officer  or  officers,  in  office  at  the  time 
of  said   adoption,  whose  duty  it  is  or  was  to  take,  receive  or 
have  in  charge  the  statement  of  goods,  wares  and  merchandise 
of  merchants,  and  taxable  premiums  of  insurance   companies, 
to  furnish  said  statements  to  the  city  clerk  aforesaid,  at  or  be- 
fore the  first  meeting  of  the  council  as  herein  provided  ;  upon 
which  said  statements  the  taxes  for  the  first  fiscal  year  shall 
be  levied  as  provided  in  this  article  ;  and  said  levy  shall  have 
the   same  validity   aid   effect  that  it  would  have  had  if  said 
statements  had   been  made  under  and  according  to  the  pro- 
visions of  this  article.      After  the  levy  aforesaid,  the  city  auditor 
shall,   in  addition  to  his   duties  prescribed  in   section    1332, 
cause  said  assessment  to  be  transcribed  into  two  assessment 
books,   as   named   in    said  section,    and  in  appropriate  form. 
[J2.  S.  1889,  Sec.  1317. 


72  ARTICLES  OF  INCORPORATION. 

SEC.   17.     Assessment  to  be  delivered  to  auditor, 

when. — On  the  day  next  after  the  passage  and  approval  of  an 
ordinance  levying  the  taxes  of  any  fiscal  year,  the  city  clerk 
shall  deliver  to  the  city  auditor  the  assessment  for  such  year, 
and  also  a  certified  copy  of  such  ordinance  levying  the  taxes 
for  that  year.  The  auditor  shall  forthwith  proceed  to  extend 
the  taxes  for  the  year  upon  the  assessment  books  in  appropri- 
ate columns  therein  to  be  left  for  that  purpose;  and  shall  also 
enter  opposite  each  parcel  of  real  estate  in  a  column  for  that 
purpose,  any  delinquent  tax  upon  such  parcel  required  by  law 
to  be  so  entered;  and  shall  also  extend  upon  said  book  against 
any  parcel  returned  by  the  assessor  as  untaxed  for  any  year  or 
years,  the  amount  of  the  tax  for  such  year  or  years,  for  which 
the  same  was  untaxed,  according  to  the  rate  of  taxation,  as 
prescribed  by  ordinance  for  such  year.  In  extending  the  taxes 
upon  personal  property,  it  shall  only  be  necessary  for  the  auditor 
to  extend  the  same  upon  the  gross  amount  assessed  against 
each  person.  After  so  extending  such  taxes,  and  entering  the 
delinquent  taxes  required  to  be  entered,  the  auditor  shall  foot 
up  the  gross  amount  of  all  taxes  as  shown  by  the  books,  upon 
real  estate,  the  amount  of  all  taxes  upon  personal  property, 
merchant's  license  taxes,  foreign  insurance  companies'  taxes, 
and  poll  taxes  for  the  fiscal  year;  and  also  the  gross  amount 
of  all  said  several  kinds  of  taxes  as  shown  by  the  books;  and 
also  of  all  taxes  for  previous  years  for  which  property  was 
untaxed,  and  finally  shall  foot  up  the  gross  amount  of  all 
taxes  of  whatever  nature  for  the  fiscal  year  and  prior  years, 
and  delinquent  taxes,  and  shall  enter  such  footings  in  said 
books  in  their  appropriate  places;  and  shall  also  make  an 
abstract  thereof  at  the  end  of  the  personal  tax  book.  H"e  shall 
then  append  to  said  books  his  certificate,  to  the  effect  that  the 
taxes  therein  contained  are  truly  and  correctly  extended  and 
entered  according  to  the  assessment  of  the  property,  the  ordi- 
nance levying  the  taxes  for  the  fiscal  year,  and  all  laws  and 
ordinances  regulating  such  entries.  The  book  containing  the 
assessment  and  taxes  upon  real  estate,  when  so  extended  and 


REVENUE — LEVY  OF  TAXES.  73 

certified,  shall  be  entitled  and  called  kk  Land  Tax  Book  of 
18 — ,''  and  the  book  containing  the  assessment  and  taxes  upon 
personal  property,  merchant's  licenses,  foreign  insurance  com- 
panies, and  polls,  shall  be  entitled  and  called  "Personal  Tax 
Book  of  18 — ."  The  auditor  shall  also  make  out  licenses  for 
each  merchant  taxed  as  such  for  the  fiscal  year,  in  such  form 
as  may  be  prescribed  by  ordinance.  The  auditor  shall,  on  or 
before  the  first  day  of  May,  in  each  year,  deliver  the 
books  and  the  merchant's  licenses  for  such  year  to  the  city  col- 
lector, taking  therefor  his  receipt,  which  receipt  shall  state  the 
gross  amount  of  all  such  taxes  contained  in  said  books,  and 
also  the  amount  of  each  separate  class  of  taxes  as  shown  by 
the  footings  of  the  auditor  of  the  same,  which  receipt  the 
auditor  shall  safely  keep  in  his  office.  [E.  S.  1889,  Sec.  1332. 

SEC.  18.  Tax  books  to  show  what. — The  tax  books 
shall  show  in  one  column  the  gross  amount  of  such  taxes 
against  each  parcel  of  real  estate  or  on  personal  property 
against  the  owner  or  owners  thereof.  If  any  parcel  of  land 
has  been  or  shall  be  bid  off  for  the  city  for  delinquent  taxes, 
such  taxes  may  be  carried  forward  on  any  subsequent  land  tax 
book,  by  entering  and  stating  against  the  parcel  of  land  the 
bidding  off  for  the  city,  the  year  in  which  it  was  done,  and  the 
gross  amount  of  the  taxes  for  which  it  was  sold,  not  including 
interests  and  costs,  but  a  certificate  of  sale,  based  on  such  bid- 
ding off,  may  at  any  time  be  issued,  after  such  entry,  with  the 
same  force  and  effect  as  before.  It  shall  not  be  necessary  to 
name  the  owner  of  any  real  estate  in  any  assessment,  land  tax 
book,  notice,  sale  book,  paper  or  document.  \_R.  S.  1889, 
Sec.  1333. 

SEC.   19.     Tax   upon    merchants.  —  The   tax   to   be 

levied  upon  merchants  shall  be  levied  at  the  same  time  and  at 
the  same  rate  as  that  levied  upon  real  estate  for  the  same  fiscal 
year,  and  shall  be  collected  by  way  of  a  license  tax,  and  shall 
be  assessed,  levied  and  collected  in  the  manner  now  or  here- 
after to  be  prescribed  by  ordinance  not  inconsistent  with  this 


74  ARTICLES  OF  INCORPORATION. 

article  ;  and  the  council  shall  have  power  to  pass  such  other 
ordinances  for  the  assessing, levying  and  collecting, and  enforce- 
ing  the  payment  of  such  license  tax,  not  inconsistent  with  this 
article  as  they  may  deem  necessary.  \_R.  S.  1889,  Sec.  1334,. 

SEC.  20.     Carrying  forward  delinquent  tax  lists. 

— In  extending  the  land  tax  book,  the  city  auditor  shall  make 
entries  in  proper  spaces  or  columns  against  each  lot  or  tract  of 
land  therein  described,  of  all  unpaid  delinquent  taxes  and 
special  assessments  on  each  lot  or  tract,  so  that  the  land  tax 
book  of  each  year  shall  be  a  record  both  of  the  taxes  levied  in 
the  year  in  which  the  same  may  be  made  out,  and  also  of  all 
delinquent  unpaid  taxes  and  special  assessments  heretofore 
levied  on  each  lot  or  tract  of  land  described  in  the  book,  and 
the  amount  of  back  taxes  paid  for  each  year.  Any  other 
method  than  that  prescribed  in  this  section  for  carrying  for- 
ward and  entering  in  the  land  tax  book,  from  year  to  year,  de- 
linquent taxes  and  special  assessments  may  be  used  and  shall 
be  valid.  In  any  book,  notice,  advertisement,  certificate  of 
purchase,  deed,  paper,  receipt  or  document  of  any  nature  or 
description,  made  or  executed  under  or  pursuant  to  this  article, 
it  shall  be  sufficient  to  designate  or  denominate  delinquent  tax 
or  special  assessment  as  the  taxes  or  special  assessments  of  or 
for  the  calendar  year  in  which  the  same  may  have  been  levied, 
although  the  same  may  have  been  levied  for  a  fiscal  year  of  the 
city  covering  parts  of  two  calendar  years.  [12.  S.  1889,,  Sec. 
1336. 

SEC.  21.  Taxes  to  be  paid,  how. — No  demand  of 
taxes  shall  be  necessary,  but  it  is  the  duty  of  every  person 
subject  to  taxation  to  attend  at  the  office  of  the  city  collector, 
unless  otherwise  provided  by  ordinance,  at  some  time  between 
the  first  day  of  May  and  the  first  day  of  September  in  each 
year,  and  pay  his  taxes  ;  and  if  any  one  neglects  to  pay  them 
before  the  first  day  of  September  following  the  levy  of  the  tax, 
the  same  shall  be  delinquent  and  bear  interest  thereafter  at  the 
rate  of  twenty-four  per  centum  per  annum.  [J?.  S.  1889,  Sec. 
1337. 


REVENUE — LEVY  OF  TAXES.  75 

SEC.  22.  Rebates  on  pre-payments. — Any  person 
paying  taxes  for  any  fiscal  year  in  the  year  for  which  such 
taxes  were  levied,  shall  be  entitled  to  receive,  and  it  is  hereby 
made  the  duty  of  the  city  collector  to  allow  such  persons  a 
rebate  on  such  taxes  so  paid,  as  follows  :  On  all  such  taxes  paid 
in  the  month  of  May  a  rebate  of  six  per  cent  ;  and  on  all  such 
taxes  paid  in  the  month  of  June  a  rebate  of  four  per  cent ;  and 
on  all  such  taxes  paid  in  the  month  of  July  a  rebate  of  two  per 
cent  ;  but  no  rebate  shall  be  allowed  on  any  such  taxes  paid 
after  the  month  of  July.  [E.  8.  1889,  Sec.  1338. 

SEC.  23.  Taxes  to  be  received  on  parts  of  lots 
and  parcels. — The  collector  shall  receive  taxes  on  parts  of 
any  Jot,  piece  or  parcel  of  real  property  charged  with  taxes  : 
Provided,  the  person  paying  such  tax  shall  furnish  a  particular 
specification  of  the  part  ;  and  if  the  tax  on  the  remainder  of 
such  lot  or  parcel  of  real  property  shall  remain  unpaid,  it  shall 
be  the  duty  of  such  collector  to  enter  such  specification  in  the 
land  tax  book,  to  the  end  that  the  part  on  which  the  tax  remains 
unpaid  may  be  clearly  shown.  If  payment  is  made  on  an 
undivided  share  or  interest  of  real  property,  such  collector  shall 
enter  in  the  land  tax  book  the  name  of  the  owner  of  such  share, 
so  as  to  designate  upon  whose  and  what  interest  the  tax  has 
been  paid.  Any  person  may  also  pay  the  taxes  or  special 
assessments  of  any  year  or  years  on  any  lot  or  parcel  of  real 
property,  leaving  unpaid  any  other  taxes  or  special  assessments 
on  such  real  property  appearing  by  the  land  tax  book  to  be  a 
charge  on  same  :  Provided,  however,  that  the  city  collector 
shall  not  be  bound  to  accept  or  receipt  for  any  part  of 
the  taxes  or  of  any  special  assessment  of  any  year.  [R.  S. 
1889,  Sec.  1339. 

SEC.  24.     Receipt   to   be    given   on   payment.— 

When  any  person  shall  pay  any  tax  or  special  assessment,  it 
shall  be  the  duty  of  the  collector  to  sign  a  receipt  therefor, 
specifying  the  name  of  the  person  for  whom  paid,  the  date  and 
amount  paid  on  each  tract  or  parcel  of  real  property,  the 


76  ARTICLES  OF  INCORPORATION. 

amount  paid  on  personal  property,  all  interest  and  costs,  if  any, 
and  the  year  or  years  paid  for,  which  receipt  the  city  collector 
shall  immediately  deliver  to  the  city  auditor,  whose  duty  it 
shall  be  to  countersign  and  deliver  the  same  to  the  payer, 
first  making  therefrom  a  permanent  record  or  account,  showing 
all  the  facts  to  be  stated  in  such  receipt,  as  aforesaid,  so  that 
such  record  will  show  the  amount  collected  by  the  city  collector 
each  day,  and  the  rebates  or  interests  arid  costs,  if  any,  on  the 
same.  The  city  collector,  upon  receiving  any  tax  or  special 
assessment,  shall,  before  delivering  the  receipt  'o  the  auditor, 
mark  the  same  paid  and  date  of  payment  in  the  proper  tax 
book.  If  the  city  collector  or  city  auditor  shall  fail  or  neglect 
to  perform  any  of  his  duties,  as  prescribed  in  this  section,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  fined  not  less  than  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment.  [.R.  8.  1889,  Sec.  134.0. 

SEC.  25.  Collections  by  distress. — If  any  taxes  on 
personal  property  shall  remain  unpaid  on  the  first  day  of  Sep- 
tember, it  is  hereby  made  the  duty  of  the  city  collector  to  make 
the  same  by  distress  and  sale  of  the  personal  property  not 
exempt  from  taxation,  and  the  personal  tax  book  shall  alone 
be  sufficient  warrant  for  such  distress.  When  the  city  collector 
distrains  goods,  he  shall  keep  them  at  the  expense  of  the 
owner,  and  shall  give  notice  of  the  time  and  place  of  sale  of 
the  same,  within  five  days  after  the  taking,  in  the  manner  con- 
stables are  required  to  give  notice  of  the  sale  of  personal 
property  taken  under  execution  ;  and  the  time  of  sale  shall  not 
be  more  than  twenty  days  from  the  day  of  taking.  He  shall 
enter  upon  the  personal  tax  book  a  brief  description  of  the 
property  taken,  and  the  amount  for  which  the  same  was  sold. 
The  city  collector  shall  render  an  account  of  the  sale  and  charges 
to  the  owner,  in  writing,  upon  the  same  being  demanded,  and 
pay  any  surplus  in  his  hands  to  such  owner.  \_R.  S.  1889, 
Sec.  131$. 


REVENUE — LEVY  OF  TAXES.  77 

SEC.  26.  Delinquent  Taxes. — It  is  hereby  made  the 
duty  of  the  city  collector,  as  soon  as  taxes  on  personal  prop- 
erty shall  be  delinquent,  to  proceed  to  collect  the  same  by 
distress  and  sale,  in  the  manner  prescribed  in  section  1342; 
and  for  this  purpose  it  shall  be  his  duty  to  appoint  one  or 
more  deputies  to  aid  and  assist  him  in  the  speedy  collection  of 
such  delinquent  personal  taxes.  The  city  collector  shall 
receive  as  a  compensation  for  his  services  and  expenses  such 
sum  as  may  be  paid,  by  ordinance,  on  the  amount  of  all  delin- 
quent personal  taxes  collected  not  exceeding  five  per  cent, 
which  percentage  he  shall  collect  from  the  delinquent, 
together  with  the  whole  amount  of  delinquent  taxes,  interest 
and  costs;  and  in  making  such  collections,  should  it  become 
necessary  to  make  the  delinquent  personal  taxes  by  distress 
and  sale,  he  shall  be  entitled  to  receive  the  same  compensa- 
tion, in  addition,  as  may  be  provided  by  ordinance,  not  to 
exceed  the  five  per  cent  provided  for  in  this  section,  as  con- 
stables are  entitled  to  receive  for  the  sale  of  property  on  exe- 
cution, and  such  other  and  further  compensation  as  may  be 
provided  by  ordinance  of  such  city,  which  shall  also  be  taxed 
as  costs.  [B.  S.  1889,  Sec.  1348. 

SEC.  27.     Collector   may   call  assistance. — If   the 

city  collector,  or  any  of  his  deputies,  be  resisted  or  impeded  in 
the  discharge  of  his  duties,  as  provided  in  sections  1342  and 
1348,  he  may  require  any  suitable  person  to  assist  him  therein; 
and  if  such  person  refuse  the  aid,  such  person  shall  forfeit  a 
sum  not  exceeding  ten  dollars,  to  be  recovered  in  a  civil  action 
in  the  name  of  the  city,  before  the  city  recorder  [judge  of  the 
police  court];  and  the  person  resisting  shall  be  liable  in  the 
same  manner  and  to  the  same  extent  as  in  the  case  of  resisting 
the  sheriff  in  the  execution  of  civil  process.  [JR.  S.  1889,  Sec. 
1344. 

SEC.  28.  Proceedings  when  tax  payers  remove. 
—If  any  one  against  whom  a  personal  tax  is  assessed,  and 
which  is  due  and  unpaid,  whether  the  same  be  delinquent  or 


78  ARTICLES  OF  INCORPORATION. 

not,  shall  have  removed  out  of  the  city,  or  shall  be  about  to 
remove  out  of  the  city,  or  shall  have  removed  or  be  about  to 
remove  his  personal  property  out  of  the  city,  it  shall  be  the 
duty  of  the  city  collector  to  at  once  proceed  to  collect  such 
personal  tax  by  distress  and  sale  of  any  personal  property  of 
such  person  that  shall  be  found  in  such  city,  as  provided  in  the 
preceding  sections  of  this  article  for  the  distress  and  sale  of 
personal  property  for  delinquent  personal  taxes,  and  shall 
receive  the  same  fees  and  compensation  therefor.  \_R.  8. 
1889,  Sec.  1345. 

SEC.  29.  Shares  of  stock  may  be  sold,  when.— 
If  any  tax,  interest  or  cost  shall  remain  unpaid  on  the  first  day 
of  September  on  any  share  or  shares  of  any  corporation,  the 
shares  of  which  are  taxable  under  this  article  or  any  ordinance 
of  the-  city,  it  shall  be  the  duty  of  the  city  collector  to  sell  such 
share  or  shares  to  the  highest  bidder,  at  public  vendue,  at  his 
office  in  said  city,  giving  ten  days'  notice  of  the  time  and  place 
of  sale,  describing  in  such  notice  the  share  or  shares  to  be 
sold,  substantially  the  same  as  they  are  described  in  the  per- 
sonal tax  book,  with  the  name  of  the  person  or  persons  in 
whose  name  or  names  such  share  or  shares  are  assessed;  which 
notice  shall  be  either  printed  or  written  and  signed  by  the  col- 
lector, and  shall  be  posted  up  in  four  public  places  in  the 
city.  It  shall  be  the  duty  of  such  collector  to  give  the  pur- 
chaser of  any  such  shares  a  certificate,  stating  the  fact  that  the 
person  therein  named  purchased  the  share  or  shares  therein 
described,  describing  them  substantially  in  such  certificate  as 
they  are  described  in  the  personal  tax  book.  Any  person  or 
persons  purchasing  shares  of  stock  in  any  such  corporation  at 
such  sale,  shall  be  entitled  to  have  such  share  or  shares  so 
purchased,  entered  upon  the  books  of  such  corporation  as  the 
share  or  shares  of  such  purchaser,  and  he  shall  be  deemed  in 
law  and  equity  as  the  absolute  owner  of  such  share  or  shares. 
If  such  share  or  shares  so  sold  shall  not  sell  for  an  amount 
equal  to  the  tax,  interest  and  costs  thereon,  the  city  collector 
shall  proceed  to  make  the  residue  of  such  tax,  interest  and 


REVENUE — LEVY  OF  TAXES.  79 

costs  by  distress  and  sale  of  the  personal  p  operty  not  exempt 
from  taxation,  and  in  the  same  manner  as  he  rein  before  pro- 
vided for  distress  and  s:ile  of  personal  property  of  the  owner 
or  owners  of  such  share  or  shares  at  the  time  such  tax  became 
a  lien  thereon.  The  city  collector  shall  be  entitled  to  charge 
and  receive  such  per  cent  as  may  be  fixed  by  ordinance  on  all 
delinquent  taxes  collected  under  this  section,  which  shall  be 
charged  up  as  costs  and  paid  from  the  proceeds  of  the  shares 
or  other  personal  property  sold  as  aforesaid.  Nothing  in  this 
section  shall  be  so  construed  as  to  prevent  an  action  in  the 
name  of  the  city,  before  any  court  of  competent  jurisdiction, 
against  such  corporation  or  any  of  the  stockholders,  to  recover 
any  tax,  interest  and  costs  remaining  unpaid  on  any  share  or 
shares  of  such  corporation,  on  or  after  September  first. 
[12.  S.  1889,  Sec.  1346. 

SEC.  30.  Collector  to  furnish  comptroller  list  of 
unpaid  taxes. — It  is  the  duty  of  the  city  collector,  on  the 
first  Monday  of  November  in  each  year,  to  make  out  and  re- 
turn to  the  comptroller  of  the  city  a  full  and  complete  list  of 
all  taxes  on  personal  property  remaining  unpaid  ;  which  list 
shall  state  the  name  of  each  person  delinquent  in  the  payment 
of  his  personal  tax;  which  list  shall  be  made  out  alphabetic- 
ally. The  collector  shall  make  and  subscribe  an  affidavit  to 
be  attached  to  said  delinquent  list  named  in  this  section,  sub- 
stantially as  follows  : 

I,  ,  city  collector  of  the  city  of 

do  solemnly  swear  (or  affirm)  that  the  foregoing  is  a  true  and  correct  list 
of  all  the  delinquent  taxes  on  personal  property  remaining  due  and  unpaid 

for  the  fiscal  year ;  that  I  have  made,  or  caused  to  be  made,  due  search, 

and  have  been  unable  to  find  any  goods  or  chattels  in  the  city  of  either  of 
the  delinquents  not  exempt  from  taxation  ;  that  I  have  m  t  through  I'ear, 
favor  or  affection,  neglected  or  refused  to  collect  any  portion  of  the  delin- 
quent personal  tax  in  said  list  by  distress  and  sale  of  personal  property. 

Which  list  of  all  taxes  on  personal  property,  and  the 
affidavits  thereto,  shall  be  filed  in  the  office  of  the  city  auditor. 
The  delinquent  list  of  personal  tax  so  returned  shall  be  turned 
over  to  the  city  counselor,  whose  duty  it  shall  be  to  proceed  to 


80  ARTICLES  OF  INCORPORATION. 

collect  the  same  by  an  action  or  attachment  therein  or  other 
process  of  Jaw,  in  the  name  of  the  city  in  any  court  of  com- 
petent jurisdiction.  He  shall  receive  ten  per  cent  on  all  sums 
collected  on  such  delinquent  list  of  personal  tax,  which  shall 
be  taxed  up  as  costs  in  the  case,  and  collected  as  other  costs, 
except  that  in  no  event  shall  the  city  be  liable  for  the  same. 
[R.  £  1889,  Sec.  134-7. 

SEC.  31.     Taxes,  when  deemed   delinquent. — On 

the  first  day  of  September  in  each  year  the  unpaid  taxes  shall 
become  delinquent,  and  shall  bear  interest  from  that  date  at 
the  rate  of  twenty-four  per  centum  per  annum,  and  taxes  upon 
real  property  are  hereby  made  a  perpetual  lien  thereon  against 
all  persons.  The  city  collector  is  hereby  authorized  and 
directed  to  collect  the  delinquent  taxes  by  the  sale  of  the  real 
property  upon  which  the  taxes  are  levied.  The  city  collector 
shall  continue  to  receive  taxes  after  they  become  delinquent, 
until  collected  by  distress  or  sale.  [R.  8.  1889,  Sec.  1349. 

SEC.  32.     The  sale  of  real  estate  for  taxes. — On 

the  first  Monday  in  October  in  each  year  the  city  collector 
shall  offer  at  public  sale,  at  his  office  in  such  city,  all  real 
property  on  which  taxes  or  special  assessments  shall  remain 
due  and  unpaid,  and  such  sale  shall  be  made  for  the  payment 
of  the  total  amount  of  all  taxes  and  special  assessments,  in- 
terest and  costs  due  and  unpaid  for  all  years  on  such  real 
property.  [R.  S.  1889,  Sec.  1350. 

SEC.  33.  Notice  to  be  given. — The  notice  to  be  given 
of  the  sale  of  real  property  for  delinquent  taxes  shall  state  the 
time  and  place  thereof,  and  contain  a  description  substantially 
the  same  as  in  the  land  tax  book,  of  the  several  parcels  of  real 
property  to  be  sold,  and  all  delinquent  taxes  and  assessments 
thereon,  and  such  real  property  as  has  not  been  advertised  and 
sold  for  the  taxes  of  any  previous  year  or  years,  and  on  which 
taxes  or  special  assessments  remain  due  and  delinquent,  and 
the  amount  of  taxes  and  special  assessments,  interest  and 


REVENUE — LEVY  OF  TAXES.  81 

cost  against  each  parcel  of  real  property.      [7?.  S.  1889,  Sec. 
1351. 

SEC.  34.  Notice,  how  given.— The  city  collector 
shall  give  the  notice  required  in  the  last  preceding  section,  by 
causing  the  same  to  be  published  once  in  each  week  for  three 
successive  weeks,  in  some  newspaper  published  in  such  city, 
the  last  publication  to  be  at  least  one  day  before  the  day  of 
sale.  The  city  collector  shall  charge  and  collect,  in  addition 
to  the  taxes  and  interest,  a  sum  not  exceeding  ten  cents  on 
each  tract  of  real  property  advertised  for  sale,  or  any  sum  not 
exceeding  said  amount,  as  may  be  provided  by  ordinance  of 
such  city.  And  if  the  city  collector  cannot  procure  the  publi- 
cation of  said  notice  for  the  sum  herein  specified,  or  as  may  be 
provided  by  ordinance  as  aforesaid,  or  if  from  any  reason  the 
city  collector  is  unable  to  procure  the  publication  of  said  notice,, 
he  shall  post  up  written  notices  of  said  sale  in  the  four  most 
public  places  in  such  city,  at  least  three  weeks  before  the  sale ; 
and  notice  so  given  shall  have  the  same  force  and  effect  as 
though  the  same  had  been  published  in  a  newspaper.  In  that 
case  he  shall,  before  making  the  sale,  file  in  the  office  of 
the  city  auditor  a  copy  of  said  notice,  with  his  certified 
endorsement  thereon  setting  forth  that  said  notice  had  been 
posted  up  in  the  four  most  public  places  in  such  city,  at  least 
three  weeks  before  the  sale,  which  said  certificate  shall  be 
subscribed  by  him,  and  sworn  to  before  some  person  authorized 
to  administer  oaths.  The  city  collector  shall  obtain  a  copy  of 
said  advertisement,  together  with  a  certificate  of  the  due  publi- 
cation thereof,  from  the  printer  or  publisher  or  business 
manager  of  the  newspaper  in  which  the  same  shall  have  been 
published,  and  shall  file  the  same  in  the  office  of  the  city 
auditor,  and  such  certificate  shall  be  substantially  in  the  form 
that  may  be  prescribed  by  ordinance  of  the  city  or  by  the 
comptroller.  \E.  S.  1889,  Sec.  1352. 

SEC.  35.  Property,  how  sold. — The  city  collector 
shall,  at  his  office  in  such  city,  on  the  day  of  sale,  at  the  hour 
of  ten  o'clock  in  the  forenoon,  offer  for  sale,  separately,  each 

6 


$2  ARTICLES  OF  INCORPORATION. 

tract  or  parcel  of  real  property  advertised  for  sale,  on  which 
the  taxes,  interest  and  costs  or  special  assessments  have  not 
been  paid,  and  shall  continue  the  sale  from  day  to  day,  between 
the  hours  of  ten  o'clock  in  the  forenoon  and  five  o'clock  in  the 
afternoon,  as  long  as  there  are  bidders  or  until  the  taxes  are  all 
paid.  [E.  8.  1889,  Sec.  1353. 

SEC.  36.  The  purchaser. — The  person  who  offers  to 
pay  the  amount  of  taxes,  special  assessments,  interest  and 
costs  due  on  any  tract  or  parcel  of  real  property  for  the  smallest 
portion  of  the  same,  is  to  be  considered  the  purchaser.  The 
person  purchasing  any  tract  or  parcel  of  real  property,  or  part 
ithereof,  shall  forthwith  pay  to  the  city  collector  the  amount  of 
taxes,  special  assessments,  interest  and  cost  charged  thereon; 
:and  on  failure  to  do  so,  the  said  tract  or  parcel  of  real  property 
.-shall  at  once  be  again  offered,  as  if  no  sale  had  been  made. 
'The  person  who  will  pay  the  tax,  the  special  assessments,  in- 
terest and  costs  for  the  least  number  of  front  feet  or  inches  of 
•any  lot  or  parcel  of  real  property,  to  be  taken  from  either  side 
thereof,  the  side  to  be  designated  by  the  bidder  at  the  time  he 
offers  his  bid,  shall  be  deemed  the  purchaser  for  the  smallest 
portion  of  such  lot  or  parcel  of  real  property.  [J?.  S.  1889,  Sec. 
J364. 

SEC.  37.  When  the  whole  of  lot  sold. — If  no  per- 
son bid  for  a  less  quantity  than  the  whole  of  a  lot  or  parcel  of 
iireal  property,  the  city  collector  shall  sell  the  lot  or  parcel  of 
vreal  property  to  any  person  who  will  take  the  whole  of  such 
itract,  lot  or  parcel  of  real  property,  and  pay  the  taxes,  special 
assessments,  interest  and  costs  thereon.  [7?.  S.  1889,  Sec. 
1355. 

SEC.  38.  Auditor  to  attend  all  sales. —  The  city 
auditor  shall  attend  all  sales  of  real  property  for  taxes  made  by 
ithe  city  collector,  and  make  a  record  thereof  in  a  book  to  be 
-kept  by  him  for  that  purpose  and  designated  Book  of  Sales, 
'therein  describing  the  several  tracts  or  parcels  of  real  property, 
on  which  the  taxes,  interest  and  costs  were  paid  by  the  pur- 


REVENUE — LEVY  OF  TAXES.  83 

chaser,  as  they  are  described  in  the  advertisement  on  file  in  his 
office,  and  substantially  the  same  as  it  is  described  in  the 
Land  Tax  Book,  stating,  in  separate  columns  the  amount, 
as  obtained  from  the  Land  Tax  Book,  of  each  kind  of  tax, 
interest  and  cost  for  each  tract  or  parcel  of  real  property,  how 
much  and  what  part  of  each  tract  or  lot  was  sold,  to  whom 
sold  and  date  of  sale.  The  city  collector  shall  also  note  in 
the  Land  Tax  Book,  opposite  the  tract  or  parcel  of  real 
property  sold,  the  fact  and  date  of  such  sale,  and  to  whom 
sold.  [S.  8.  1889,  Sec.  1356. 

SEC.  39.  Sale,  when  to  be  adjourned. — When  all 
the  parcels  of  real  property  advertised  for  sale  shall  have  been 
offered,  and  any  portion  thereof  shall  remain  unsold  for  want 
of  bidders,  the  city  collector  shall  adjourn  the  sale  to  some 
day  not  exceeding  two  weeks  from  the  time  of  adjournment, 
due  notice  of  which  shall  be  given  at  the  time  of  adjournment, 
and  also  by  keeping  a  notice  thereof  posted  in  a  conspicuous 
place  in  his  office,  but  no  further  advertisement  shall  be  nec- 
essary. On  the  day  fixed  for  the  reopening  of  the  sale,  the 
same  proceedings  shall  be  held  as  provided  hereby  for  the  sale 
commencing  on  the  first  Monday  in  October  ;  and  further  ad- 
journments shall  be  made,  from  time  to  time,  not  exceeding 
two  weeks,  and  the  sale  shall  be  thus  continued  until  the  next 
regular  annual  sale,  or  until  the  taxes,  interest  and  costs  shall 
have  been  paid,  unless  such  sale  shall  be  discontinued  by  order 
of  the  comptroller  as  hereinafter  provided.  [E.  S.  1889,  Sec. 
1357. 

SEC.  40.     Property,  when  bought  for  city. — If  any 

tract  or  parcel  of  real  property  cannot  be  sold  for  the  amount 
of  all  the  taxes,  interest  and  cost  thereon,  the  city  auditor 
shall,  if  so  directed  by  the  comptroller  of  the  city,  bid  it  off 
for  the  city  for  such  amount.  When  any  real  property  shall 
be  bid  off  for  the  city  as  aforesaid,  it  shall  be  the  duty  of  the 
city  auditor  to  make  a  record  of  the  same  in  the  book  of  sales, 
by  stating  such  fact  of  sale  to  the  city,  and  the  date  of  the 


84  ARTICLES  OF  INCORPORATION. 

same  ;  but  no  certificate  of  sale  shall  be  made,  except  as  fol- 
lows :  Whenever  any  person  shall  pay  the  city  collector  a 
sum  of  money  equal  to  the  amount  of  all  taxes,  interest  and 
costs,  including  costs  of  any  suit  that  may  be  commenced 
thereon  on  such  parcel  or  parcels  of  real  property  at  the  time 
of  such  payment,  the  city  collector  shall  give  to  such  person  a 
certificate  dated  the  day  when  it  is  issued,  describing  the  real 
property  bid  off  for  the  city,  as  the  same  is  described  in  the 
land  tax  book,  stating  the  amount  of  each  kind  of  tax,  interest 
and  costs  for  which  was  bid  off  to  the  city ;  also  the  costs  of 
any  proceedings  thereon,  if  any ;  the  amount  paid  to  the  city 
collector  by  such  person  for  such  real  property  ;  the  time  when 
the  owner  of  such  certificate  will  be  entitled  to  a  deed,  and  shall 
number  said  certificate  to  correspond  with  the  number  of  the 
parcel  of  real  property  in  the  land  tax  book,  which  certifi- 
cate, before  it  shall  be  of  any  validity,  shall  be  assigned  to 
such  person  by  the  city  auditor,  who  shall  note  the  same  on 
his  book  of  sales;  and  such  certificate,  so  assigned  by  the  city 
auditor,  shall  vest  all  the  interest  of  the  city  in  or  to  such  real 
property  in  such  person,  and  such  certificate  shall  be  assigna- 
ble to  the  same  extent  and  in  like  manner  as  certificates  given 
to  purchasers  at  tax  sales,  and  shall  entitle  such  person  to  the 
same  rights  and  privileges  thereunder  as  if  he  had  purchased 
the  same  at  the  tax  sale  :  Provided,  that  any  real  property 
purchased  for  the  non-payment  of  a  tax  illegally  levied,  such 
purchase  money  shall  be  returned  to  such  purchaser  by  the  city; 
and  in  all  cases  where  taxes,  or  taxes  and  penalties,  have  been 
or  may  be  hereafter  paid  through  mistake  to  the  city,  the  city 
shall  refund  the  same  to  the  person  so  paying  the  same,  or  his 
agent.  \R.  8.  1889,  Sec.  1358. 

SEC.  41.     Auditor  not  attending  sale,  penalty.— 

If  the  city  auditor  or  city  collector  shall  fail  to  attend  any 
sale  of  real  property  as  required  by  this  article  or  any  ordi- 
nance of  such  city,  either  in  person  or  by  competent  deputy, 
he  shall  be  liable  to  a  fine  of  not  less  than  one  hundred,  or 


REVENUE — LEVY  OF  TAXES.  85 

more  than  five  hundred  dollars,  to  be  recovered  in  an  action  in 
the  name  of  such  city,  before  the  city  recorder,  [  Judge  of  the 
police  court] ,  against  the  city  auditor  or  city  collector,  as  the 
case  may  be,  and  his  bondsmen  ;  and  if  such  city  collector  or 
his  deputy  shall  sell  or  assist  in  selling  any  real  property  on 
which  the  taxes  or  special  assessments  for  which  the  same  is 
sold  have  been  paid,  or  shall  execute  and  deliver  a  deed  for 
real  property  which  has  been  redeemed  in  accordance  with  the 
provision  of  this  article  or  any  ordinance  of  such  city,  or  for 
real  property  for  which  the  amount  required  to  redeem  the 
same  has  been  duly  tendered  him  before  the  execution  and 
delivery  of  the  deed  for  the  same,  in  either  of  said  cases,  the 
city  collector,  through  whose  negligence  in  the  discharge  of 
his  official  duties  such  injured  party  is  damaged,  and  his 
bondsmen,  shall  be  liable  to  such  injured  party  to  the  amount 
of  any  judgment  that  may  be  rendered  against  him  under  the 
provisions  of  this  article,  in  any  action  by  or  against  such  in- 
jured party,  involving  or  in  any  manner  calling  in  question 
the  sale  of  such  real  property  for  taxes,  or  the  title  thereby 
conveyed  or  purporting  to  be  conveyed  to  the  purchaser  at 
such  tax  sale,  his  heirs  or  assigns,  in  any  court  in  this  state, 
and  for  any  and  all  amounts  such  injured  party  may  be  com- 
pelled to  pay  to  redeem  such  real  property  so  sold,  together 
with  interest  at  the  rate  of  two  per  cent  a  month  on  the 
amount  such  injured  party  pays  on  such  judgments  or  to  re- 
deem such  real  property  so  sold,  from  the  time  of  such  pay- 
ment ;  and  such  injured  party  shall  be  entitled  to  recover 
reasonable  attorney  fees  for  prosecuting  any  action  against 
such  collector  and  his  bondsmen,  in  cases  where  such  injured 
party  recovered  judgment  [R.  S.  1889,  Sec.  1359. 

SEC.  4:2.  'Sale,  when  made  in  November. — If  from 
neglect  of  any  officer  of  the  city,  or  any  other  cause,  real 
property  cannot  be  duly  advertised  and  offered  for  sale  on  the 
first  Monday  of  October,  then  the  city  collector  shall  make  the 
sale  on  the  first  Monday  of  November,  allowing  time  for 
publication,  as  provided  in  this  article.  [R.  S.  1889,  Sec.  1360. 


86  ARTICLES  OF  INCORPORATION. 

SEC.  43.  Certificate  of  purchase  to  be  made  to 
purchaser. — The  city  collector  shall  make  out,  sign  and  de- 
liver-to the  purchaser  of  any  real  property  sold  for  payment  of 
taxes,  as  provided  for  in  this  article  or  by  ordinance  of  such 
city,  a  certificate  of  purchase,  describing  the  real  property  on 
which  the  taxes,  interests  and  costs  were  paid  by  the  purchaser, 
substantially  as  the  same  was  described  in  the  land  tax  book, 
and  also  how  much  and  what  part  of  each  tract  or  lot  was  sold, 
stating  the  amount  of  each  kind  of  tax,  interest  and  costs  for 
each  tract  or  lot  for  which  the  same  was  sold,  and  that  pay- 
ment had  been  made  therefor.  If  any  person  shall  become  the 
purchaser  of  more  than  one  parcel  of  real  property,  he  may 
have  the  whole  included  in  one  certificate  of  purchase,  but 
each  parcel  shall  be  separately  described.  The  certificate  of 
purchase  aforesaid  shall  be  assignable  ,by  indorsement,  and  an 
assignment  thereof  shall  vest  in  the  assignee  all  right,  title  or 
interest  of  the  original  purchaser.  [R.  S.  1889,  Sec.  1361. 

SEC.  4:4.     Duplicate  receipts  to  be  issued. — The 

city  collector  shall  make  out,  sign  and  deliver  to  the  purchaser 
of  any  real  property  sold  for  taxes  as  aforesaid,  duplicate 
receipts  for  any  and  all  taxes,  interest  and  costs  paid  by  such 
purchaser  for  subsequent  year  or  years,  one  of  which  receipts 
such  purchaser  shall  present  to  the  city  auditor,  whose  duty  it 
shall  be  to  file  such  receipts  in  his  office,  and  enter  a  memo- 
randum thereof  upon  the  book  of  sales.  When  such  purchaser 
shall  pay  any  state  or  county  tax  on  any  parcel  of  real  prop 
erty,  whether  levied  before  or  after  the  date  of  the  certificate 
of  purchase,  sold  for  taxes  as  provided  in  this  article,  after  the 
date  of  his  certificate  of  purchase,  it  shall  be  the  duty  of  the 
officer  receiving  the  same  on  such  certificate  of  purchase  being 
exhibited  to  such  officer,  to  make  out  and  deliver  to  such  pur- 
chaser duplicate  receipts,  which  receipts  shall  show  the  amount 
of  tax  paid  on  each  separate  parcel  of  real  property  named  in 
such  certificate  of  purchase,  one  of  which  duplicate  receipts 
such  purchaser  shall  present  to  the  city  auditor,  whose  duty  it 


REVENUE — LEVY  OF  TAXES.  87 

shall  be  to  file  the  same  in  his  office  and  enter  a  memorandum 
upon  the  book  of  sales,  in  its  appropriate  column  opposite  each 
parcel  of  real  property  named  in  such  duplicate  receipts,  the 
amount  of  tax  paid  on  such  parcel,  and  the  date  of  such  pay- 
ment. The  city  auditor  shall  in  like  manner  enter  a  memo- 
randum upon  the  book  of  sales  of  any  special  tax  or  tax  bill 
paid  by  such  purchaser  after  the  date  of  his  certificate  of  pur- 
chase, upon  such  purchaser  exhibiting  to  him  the  receipt  or 
proper  voucher,  showing  the  payment  of  such  tax  or  tax  billy 
the  amount  and  date  of  its  payment,  the  particular  tract  or 
parcel  of  real  property  on  which  paid,  and  shall  deliver  to  the 
auditor  a  copy  of  such  receipt,  which,  when  certified  to  as  a 
true  copy  by  the  auditor,  he  shall  file  in  his  office.  \_R.  S- 
1889,  Sec.  1362. 

SEC.  45.  Property  may  be  redeemed. — Real  prop- 
erty sold  under  the  provisions  of  this  article,  or  any  interest  in. 
such  real  property,  may  be  redeemed  by  the  owner,  his  agent 
or  attorney,  at  any  time  within  two  years  from  the  first  day  ou 
which  such  real  property  was  advertised  for  sale,  or  at  .any  time 
before  the  execution  and  delivery  of  the  tax  deed  to  the  pur- 
chaser at  the  tax  sale,  his  heirs  or  assigns,  by  the  payment  to- 
the  city  collector  of  the  amount  for  which  such  real  property 
was  sold,  and  ten  per  centum  of  such  amount  immediately 
added  as  a  penalty,  with  twenty-four  per  cent  interest  per 
annum  on  the  whole  amount  thus  made  from  the  day  of  sale  ; 
and  also  the  amount  of  all  taxes,  state,  county  or  municipal 
general  or  special,  paid  by  the  purchaser,  his  heirs  or  assigns,. 
after  the  date  of  the  certificate  of  purchase,  and  a  like  penalty 
of  ten  per  centum  added  as  before  on  the  amount  of  each  of 
such  payments,  with  twenty-four  per  cent  interest  per  annum 
on  the  whole  of  such  amount  or  amounts  from  the  day  or  days 
of  payment.  [JR.  8.  1889,  Sec.  1363. 

SEC.  46.  How  redeemed. — The  city  auditor  shall, 
upon  application  of  any  person  wishing  to  redeem  any  real 
property  sold  for  taxes  under  the  provisions  of  this  article  or 


88  ARTICLES  OF  INCORPORATION. 

any  ordinance  of  such  city,  give  to  such  person  a  statement 
setting  forth  the  amount  required  to  redeem  each  tract  or  parcel 
of  real  property  described  in  such  statement.  Upon  such 
person  filing  such  statement  with  the  city  collector,  and  paying 
to  such  collector  the  amounts  therein  named,  it  shall  be  the 
duty  of  the  city  collector  to  give  such  person  duplicate  certifi- 
cates of  redemption  therefor,  one  of  which  shall  be  counter- 
signed by  and  the  other  filed  with  the  city  auditor,  whose  duty 
it  shall  be  to  make  entry  opposite  the  tract  or  parcel  of  real 
property  redeemed  on  the  proper  book  of  sales  in  his  office, 
showing  the  amount  paid  to  redeem  the  same,  the  time  when 
and  by  whom  such  redemption  was  made,  and  shall  charge  the 
city  collector  with  such  amount.  The  city  collector  shall  make 
like  entries  in  the  proper  land  tax  book  in  his  office.  No 
certificate  of  redemption  shall  be  valid  or  received  in  evidence 
without  being  countersigned  by  the  city  auditor  as  aforesaid. 
[R.  S.  1889,  Sec.  1364. 

SEC.  47.     Redemption  of   property  of   minor.— 

The  real  property,  or  any  interest  therein,  of  any  minor  or 
lunatic,  sold  for  taxes  under  the  provisions  of  this  article,  may 
be  redeemed  at  any  time  within  one  year  after  such  disability 
is  removed,  in  the  manner  specified  in  the  following  section,  or 
such  redemption  may  be  made  by  the  guardian  or  legal  repre- 
sentatives, under  the  two  last  preceding  sections,  at  any  time 
before- the  execution  and  delivery  of  the  tax  deed.  [R.  /S. 
1889,  Sec.  1365. 

SEC.  48.     Redemption    after  deed   made.  —  Any 

person  entitled  to  redeem  real  property  sold  for  taxes  under 
the  provisions  of  this  article,  after  the  execution  and  delivery 
of  the  deed  for  the  same,  shall  redeem  the  same  by  an  equitable 
action,  in  which  all  persons  claiming  an  interest  in  the  land 
desired  to  be  redeemed  from  the  tax  sale,  as  shown  by  the 
records,  shall  be  made  defendants,  and  the  courts  shall  deter- 
mine all  rights,  claims  and  interest  of  the  several  parties, 
including  all  liens  for  taxes  and  special  assessments,  interests 


REVENUE — LEVY  OF  TAXES.  89 

and  costs  as  provided  in  this  article,  and  claims  for  improve- 
ments made  on  the  real  property  by  any  person  or  persons 
claiming  under  the  tax  title  :  Provided,  that  any  person  seek- 
ing to  redeem  shall,  before  he  shall  be  permitted  to  commence 
or  prosecute  his  action,  deposit  with  the  clerk  of  the  court  in 
which  the  action  or  proceeding  is  commenced,  an  amount 
sufficient  to  pay  the  party  claiming  under  the  tax  deed  the 
amount  paid  at  the  tax  sale  for  the  real  property  in  controversy  ; 
also  the  amount  or  amounts  of  all  taxes,  state,  county  or 
municipal,  general  or  special,  paid  by  the  purchaser  at  the  tax 
sale,  or  those  claiming  under  or  through  him  after  the  date  of 
the  certificate  of  purchase,  with  penalty  added  as  provided  in 
this  article,  with  interest  on  all  said  amounts  at  the  rate  of 
twenty-four  per  cent  per  annum  from  the  date  or  dates  of  such 
payment.  [R.  S.  1889,  Sec.  1366. 

SEC.  49.  Redemption  funds  to  be  paid  into  the 
treasury. — All  moneys  received  by  the  city  collector  for  the 
redemption  of  real  property  shall  be  at  once  paid  into  the 
city  treasury,  to  be  paid  out  to  the  purchaser  of  such  real 
property,  his  heirs  or  assigns,  on  the  delivery  to  the  city  auditor 
of  the  certificate  of  purchase,  who  shall  file  the  same  in  his 
office  (if  all  the  real  property  included  therein  be  redeemed, 
and  if  not,  he  shall  mark  those  redeemed  "canceled,"  and 
return  such  certificate  to  the  owner  thereof),  and  draw  a  war- 
rant upon  the  city  treasury  in  favor  of  the  party  entitled  to 
such  redemption  money  for  the  amount  thereof  ;  which  war- 
rant, before  it  shall  be  paid,  shall  be  countersigned  by  the 
comptroller.  If  no  person  entitled  to  such  redemption  money 
shall,  within  two  years  after  the  same  is  paid  to  the  city 
collector,  appear  and  claim  the  name,  all  such  moneys  not  so 
claimed  shall  be  forfeited  to  the  city.  [R.  S.  1889,  Sec.  1367. 

SEC.   50.     Redemption  when  city  is  purchaser.— 

Any  person  desiring  to  redeem  any  real  property  bid  off  for 
the  city  for  delinquent  taxes  at  any  tax  sale,  may  redeem  the 
same  by  the  payment  to  the  city  collector  of  all  taxes,  interests 


90  ARTICLES  OF  INCORPORATION. 

and  costs  due  thereon.  In  any  case  where  any  person  shall 
redeem  more  than  one  parcel  of  real  property  at  the  same 
time,  he  may  require  the  city  collector  to  include  the  same  in 
one  certificate  of  redemption.  [R.  8.  1889,  Sec.  1368. 

SEC.  51.     Unredeemed  property  to  be  advertised. 

— The  city  collector,  at  least  four  months  before  the  expira- 
tion of  the  time  limited  for  redeeming  real  property,  as  pro- 
vided for  in  this  article,  shall  cause  to  be  published  in  some 
newspaper  published  in  such  city,  once  a  week  for  at  least 
three  successive  weeks,  a  list  of  all  unredeemed  real  property, 
describing  each  tract  or  lot  substantially  the  same  as  it  was 
described  in  the  land  tax  book,  stating  the  amount  of  taxes, 
penalty,  charges,  interest  and  costs,  calculated  to  the  last  day 
.of  redemption,  due  on  each  tract  or  lot,  together  with  a  notice 
that  unless  such  real  property  be  redeemed  on  or  before  the 
day  limited  therefor,  they  will  be  conveyed  to  the  purchaser, 
his  heirs  or  assigns.  The  cost  of  such  advertisement  shall  be 
charged  to  the  party  redeeming,  or  if  not  redeemed,  to  be 
charged  to  the  person  receiving  the  deed;  but  the  cost  of  such 
advertisement  shall  in  no  case  exceed  twenty  cents  on  each 
parcel  of  real  property  so  advertised.  [B.  8.  1889,  Sec.  1369. 

SEC.  52.  Certificate  of  publication. — The  city  col- 
lector shall  obtain  a  copy  of  the  advertisement  required  in 
the  last  section,  together  with  the  certificate  of  the  due  publi- 
cation thereof,  from  the  printer,  publisher  or  manager  of  the 
newspaper  in  which  the  same  shall  have  been  published,  and 
shall  file  the  same  in  the  office  of  the  city  auditor  ;  and  such 
certificate  shall  be  substantially  in  the  form  to  be  prescribed 
by  ordinance  of  such  city  :  Provided,  that  no  informality  or 
defect  in  such  advertisement,  or  any  failure  to  make  such 
advertisement  or  certificate,  shall  in  any  manner  invalidate  the 
sale  made  for  taxes  or  the  deed  made  for  any  real  property 
sold  for  taxes.— [B  -8.  1889,  Sec.  1370. 

SEC.  53.  Deed,  when  to  be  made. — If  any  real  prop- 
erty sold  for  taxes  under  the  provisions  of  this  article  shall  not 


REVENUE — LEVY  OF  TAXES.  91 

be  redeemed  within  two  years  from  the  first  day  on  which  it  was 
advertised  for  sale,  it  shall  be  the  duty  of  the  city  collector,  on 
presentation  to  him  of  the  certificate  of  purchase,  to  execute 
in  the  name  of  the  city,  under  his  hand  and  the  seal  of  the  city, 
to  the  purchaser,  his  heirs  and  assigns,  a  deed  of  the  real  prop- 
erty described  in  such  certificate  of  purchase  remaining  unre- 
deemed, as  shown  by  such  certificate  of  purchase,  and  shall 
acknowledge  such  deed  and  deliver  the  same  to  the  grantee, 
which  deed  shall  vest  in  the  grantee  an  absolute  estate,  in  fee 
simple,  in  the  real  property  described  therein,  free  from  any  and 
all  incumbrances  of  whatsoever  kind  or  nature,  subject,  however, 
to  all  unpaid  taxes  which  are  a  lien  thereon.  The  deed  execu- 
ted under  this  article  shall  be  called  a  tax  deed  ;  shall  be 
acknowledged  and  recorded  in  the  same  manner  that  other 
deeds  and  conveyances  of  real  property  are  required  to  be 
acknowledged  and  recorded  by  the  laws  of  this  state.  The  city 
collector  shall  be  entitled  to  demand  and  receive  from  the  gran- 
tee in  such  deed,  before  the  delivery  of  the  same,  a  fee  of  one 
dollar,  which  shall  include  the  cost  of  taking  the  acknowledg- 
ment of  the  same.  Any  number  of  parcels  or  lots  of  real  prop- 
erty bought  by  the  same  person  may  be  included  in  one  deed, 
if  so  required  by  the  purchaser  :  Provided,  however,  the  city 
collector  shall  be  entitled  to  an  additional  fee  of  ten  cents  for 
each  parcel  of  property  includeed  in  such  tax  deed  exceeding 
ten  in  number.  [£.  S.  1889,  Sec.  1371. 

SEC.   54.     Form  of  deed. — The  tax  deeds  executed  by 
the  city  collector  shall  be  substantially  in  the  following  form  : 

Know  all  men  by  these  presents,  that,  whereas,  the  following  described 
real  property,  viz :  

,  situate  in  the  city  of ,  in  the  county  of 

,  and  State  of  Missouri,  was  subject  to  taxation  for  the  year 

(or  years)  A.  D.  18 ;  and  whereas,  the  taxes  assessed  upon  said  real 

property  for  the  year  (or  years)  aforesaid,  remained  due  and  unpaid  at  the 
date  of  the  sale  hereinafter  mentioned  ;  and  whereas,  the  city  collector  of 

said  city  of : ,  did  on  the day  of ,  A.  D.  18 , 

by  virtue  of  authority  in  him  vested  by  law,  at  (an  adjourned  sale)  the  sale 

begun  and  publicly  held  on  the  first  Monday  of ,  A.  D. ,  the 

first  day  on  which  such  real  property  was  advertised  for  sale, expose  to  pub- 


92  ARTICLES  OF  INCORPORATION. 

lie  sale  at  the  office  of  the  city  collector  in  the  city  of.... aforesaid, 

between  the  hours  of  ten  o'clock  in  the  forenoon  and  five  o'clock  in  the 
afternoon,  in  conformity  with  all  the  requisitions  of  the  statute  in  such  case 
made  and  provided,  the  real  property  above  described  for  the  payment  of 
taxes,  interest  and  costs  then  due  and  unpaid  upon  said  real  property  ;  and 

whereas  at  the  place  aforesaid,  A B of  the  county 

of ,  and  state  of ,  having  offered  to  pay 

the  sum  of dollars  and cents,  being  the 

whole  amount  of  taxes,  interests  and  costs  then  due  and  remaining  unpaid 
on  said  real  property  for  (here  insert  description  of  property  sold,  describing 
each  tract  or  parcel  separately),  which  was  the  smallest  portion  bid  for,  and 
payment  of  said  sum  having  been  made  by  him  to  said  city  collector,  the 
said  property  was  stricken  off  to  him  at  that  price  ;  and  whereas,  the  said 

A B ,  did,  on  the day  of * 

A.  D ,  duly  assign  the  certificate  of  purchase  of  the  property,  as 

aforesaid,  and  all  his  right,  title  and  interest  to  said  real  property  to  E 

F ,  of  the  county  of and  State  of 

;  and  whereas,  two  years  have  elapsed  since  the  first  day 

on  which  said  real  property  was  advertised  for  sale,  and  the  said  property 
has  not  been  redeemed  therefrom,  as  provided  by  law;  and  whereas,  the 

city  collector  of  the  city  of , aforesaid  did,  at  least  four 

months  before  the  expiration  of  the  time  limited  for  redeeming  said  real 
property,  publish  a  notice,  as  required  by  the  statute  in  such  case  made  and 
provided,  that  unless  said  real  property  was  redeemed  on  or  before  the  day 
limited  therefor,  it  would  be  conveyed  to  the  purchaser,  or  his  heirs  or 

assigns  :   Now,  therefore,  I ,  city  collector  of  the  city 

of ,  county  and  state  aforesaid,  for  and  in  consid- 
eration of  the  sum  of dollars  and cents, 

taxes,  interests  and  costs  due  on  said  real  property,  for  the  year,  (or  years)  to 

the  city  collector  of  said  city  of ,  paid  as  aforesaid, 

and  by  virtue  of  the  statute  in  such  case  made  and  provided,  have  granted, 
bargained  and  sold,  and  by  these  presents  do  grant,  bargain  and  sell  unto 

said  A : B ,  (or  E F ), 

his  heirs  and  assigns  forever,  subject,  however,  to  all  rights  of  redemption 
provided  by  law. 

In  witness  whereof,  I, ,  collector  of  the  city  of 

,  as  aforesaid,  have  hereunto  subscribed  my  name  and  affixed 

the  corporate  seal  of  ihe  city  of ,  this day  of 

,  A.  D [Seal]  ,  city  collector  of  the 

city  of 

Said  deed  shall  be  signed  by  the  city  collector,  in  his  official 
capacity,  with  the  seal  of  the  city  affixed,  and  acknowledged 
before  some  officer  authorized  to  take  the  acknowledgments 
of  deeds,  and  when  substantially  thus  executed  and  recorded, 
shall  be  prima  facie  evidence  in  all  courts  of  this  state  in  all 


REVENUE — LEVY  OF  TAXES.  93 

controversies  and  suits  in  relation  to  the  rights  of  the  grantee 
in  said  deed,  his  heirs  and  assigns,  to  the  real  property  thereby 
conveyed  or  purporting  to  be  conveyed;  that  the  taxes  were 
not  paid  at  any  time  before  sale;  that  the  real  property 
conveyed  was  subject  to  taxation  for  the  year  or  years  stated 
in  the  deed;  that  the  real  property  conveyed  had  not  been 
redeemed  from  the  sale  at  the  date  of  the  deed;  that  the 
tender  of  redemption  had  not  been  made  to  the  city  collector 
before  the  execution  and  delivery  of  the  deed;  and  it  shall  be 
conclusive  evidence  of  the  following  facts:  That  the  real 
property  conveyed  had  been  duly  assessed  for  the  year  or 
years  named  in  the  deed;  that  the  taxes  were  levied  according 
to  law;  that  the  real  property  conveyed  was  duly  advertised 
for  sale;  was  duly  sold  tor  taxes  as  stated  in  the  deed;  that 
the  manner  in  which  the  assessment,  levy,  notice  and  sale  were 
conducted  was  in  all  respects  regular  and  as  the  law  directed; 
that  the  grantee  named  in  the  deed  was  the  purchaser,  or  that 
the  certificate  of  purchase  had  been  duly  assigned  to  the 
grantee;  that  all  the  prerequisites  of  the  law  and  ordinances 

of  the  city  of were  complied  with  by  all  the  officers 

who  had  or  whose  duty  it  was  to  have  had  any  part  or  action 
in  any  transaction  relating  to  or  affecting  the  title  conveyed,  or 
purporting  to  be  conveyed,  from  the  assessment  of  real  prop- 
erty up  to  the  execution  of  the  deed,  both  inclusive ;  and  that 
all  things  whatsoever  required  by  law  to  make  a  good  and 
valid  sale,  and  to  vest  the  title  in  the  purchaser,  were  done, 
except  only  in  regard  to  the  points  named  in  this  section, 
wherein  the  deed  shall  be  prima  facie  evidence  only.  [It.  S. 
1889,  Sec.  1372. 

SEC.  55.     What  proof    necessary  to   defeat  tax 

deed. — In  any  suit  or  proceeding  involving  or  in  any  manner 
calling  in  question  the  title  or  right  of  the  grantee  in  a  tax 
deed,  or  those  claiming  under  him,  of,  to  or  in  the  real  prop- 
erty conveyed  or  purporting  to  be  conveyed  by  such  tax  deed, 
executed  substantially  as  provided  in  the  preceding  section, 


^4  ARTICLES  OF  INCORPORATION. 

the  person  claiming  title  adverse  to  the  title  conveyed  or  pur- 
porting to  be  conveyed  by  such  tax  deed  shall  be  required  to 
prove,  in  order  to  defeat  the  tax  deed,  either  that  the  taxes, 
interest  and  costs  were  paid  before  the  sale;  that  the  real  prop- 
erty therein  described  was  not  subject  to  taxation  for  the  year 
or  years  stated  in  the  deed;  that  the  real  property  therein 
described  had  been  redeemed  from  the  sale  at  the  date  of  the 
deed,  or  the  tender  of  the  redemption  money  had  been  made 
to  the  city  collector  before  the  executing  and  delivery  of  the 
deed,  in  accordance  with  the  provisions  of  this  article;  and  that 
such  redemption  was  had,  or  attempted  to  be  had  for  the  use 
and  benefit  of  the  person  having  the  right  to  redemption  under 
this  article;  and  if  any  person  claiming  title  under  a  tax  deed, 
executed  substantially  as  provided  for  in  the  preceding  section, 
shall  be  defeated  in  any  suit  or  proceeding  by  or  against  him 
for  the  recovery  of  the  real  property  conveyed  or  purporting 
to  be  conveyed  by  such  tax  deed,  the  successful  claimant  shall 
be  adjudged  to  pay  such  person  claiming  under  such  tax  deed, 
the  full  amount  of  all  money  paid  by  the  purchaser  at  the  tax 
sale  for  such  real  property,  and  ten  per  centum  of  such  amount 
immediately  added  as  a  penalty,  with  twenty-four  per  cent 
interest  per  annum  on  the  whole  amount  made  from  the  day 
of  sale;  and  also  the  amount  of  all  taxes,  state,  county  or 
municipal,  general  or  special,  paid  by  the  purchaser,  his  heirs 
or  assigns,  after  the  date  of  the  certificate  of  purchase,  and  a 
like  penalty  of  ten  per  centum  added  as  before  on  the  amount 
of  each  of  such  payments,  with  twenty-four  per  cent  interest 
per  annum  on  the  whole  of  such  amount  or  amounts  so  made 
from  the  day  or  days  of  payment,  together  with  the  costs  of 
tax  deeds  and  fees  for  recording  the  same,  and  all  costs  in  the 
case;  which  judgment  shall  be  a  lien  upon  the  real  property  in 
controversy,  and  shall  bear  interest  at  the  rate  of  twenty-four 
per  cent  per  annum,  and  may  be  enforced  by  execution  as  in 
other  cases  of  judgments  and  decrees  of  such  court.  \JR.  S. 
1889,  Sec.  1373. 


REVENUE — LEVY  OF  TAXES.  95 

SEC.  56.  Suit  to  be  commenced,  when. — Any  suit 
or  proceeding  against  the  purchaser  at  a  tax  sale,  his  heirs  or 
assigns,  for  the  recovery  of  the  real  property  or  any  interest 
therein  sold  for  taxes,  or  to  defeat  or  avoid  a  sale  or  convey- 
ance of  real  property  sold  for  taxes  under  the  provisions  of 
this  article,  shall  be  commenced  within  three  years  from  the 
time  of  recording  the  tax  deed,  and  not  thereafter :  Provided, 
that  when  the  person  claiming  to  own  such  real  property,  or 
any  interest  therein,  shall  be  an  infant  or  lunatic,  such  suit 
may  be  brought  at  any  time  within  one  year  of  the  removal  of 
such  disability,  to  recover  the  interest  only  of  such  infant  or 
lunatic  in  such  real  property.  [R.  8.  1889,  Sec.  1374. 

SEC.  57.  Limit  for  recording  of  deeds. — Unless 
the  holder  or  owners  of  certificates  of  purchase  of  real  estate 
purchased  at  any  tax  sale  under  this  article  take  out  the  deed 
or  deeds,  as  permitted  or  contemplated  by  this  article,  and  have 
such  deeds  recorded  within  two  years  from  and  after  the  time 
for  redemption  expires,  the  said  certificates  or  deeds,  and  the 
sales  on  which  they  are  based,  shall,  from  and  after  the  expi- 
ration of  such  two  years,  be  absolutely  null,  and  shall  consti- 
tute no  basis  of  title,  and  shall  cease  to  be  a  cloud  on  the  title 
to  the  real  estate  to  which  such  certificates  refer.  [R.  S.  1889, 
Sec.  1375. 

SEC.   58.     Effect  of  recording  tax  deeds. — Any  per 

son  putting  on  record  a  tax  deed,  executed  substantially  as 
provided  for  in  this  article,  shall  be  deemed  to  have  set  up 
such  a  title  to  the  real  property  described  in  such  deed  as  will 
enable  the  party  claiming  to  own  such  real  property  to  main- 
tain an  action  for  the  recovery  of  the  possession  thereof,  against 
any  person  claiming  under  the  tax  deed,  whether  such  person 
is  in  actual  possession  of  the  lands  or  not  ;  and  such  tax  deed 
shall  be  received  in  evidence  without  further  evidence  to  sus- 
tain such  conveyance  or  the  title  thereby  acquired.  [R.  S. 
1889,  Sec.  1376. 


96  ARTICLES  OF  INCORPORATION.    • 

SEC.  59.     Taxes  paid  may  be  recovered,  when.— 

In  any  case  taxes  are  paid  by  any  party  whose  lands  are  or 
may  be  in  controversy  in  any  court,  and  the  party  so  paying 
shall  fail  to  recover  said  lands,  or  be  dispossessed  of  the  same, 
he  shall  be  entitled  to  collect  from  the  party  recovering  the 
taxes  so  paid,  with  interest  at  ten  per  cent  per  annum  from 
date  of  payment  ;  and  the  taxes  so  paid  shall  be  a  lien  on  any 
such  real  property.  [JR.  S.  1889,  Sec.  1377. 

SEC.  60.     Title  shall   not  fail,  when.— No  title  or 

lien  to,  in  or  on  any  lot  or  tracts  of  land,  or  right  to  any  relief, 
matter  or  thing  under  or  by  virtue  of  any  tax  sale,  certificate 
of  purchase,  payment  of  any  taxes,  special  tax  bills  or  special 
assessments  subsequent  thereto,  or  tax  deed,  shall  fail,  if  any 
one  or  more  of  the  taxes  for  special  assessments,  for  payment  of 
which  the  sale  shall  be  made,  or  the  certificates  of  purchase 
issued,  shall  be  valid  and  a  lien  upon  the  land,  but  such  title, 
lien  and  right  shall  be  deemed  to  rest  on  and  be  supported  by 
the  valid  tax  or  taxes,  special  assessment  or  special  assessments 
paid  by  the  sale,  or  as  stated  in  the  certificate  of  purchase  ; 
and  such  title,  lien  or  right  shall,  except  as  otherwise  provided 
in  this  article,  be  the  same  as  if  the  sale  had  been  made  or  the 
certificate  of  purchase  issued  solely  to  pay  or  in  payment  of 
the  valid  tax,  taxes,  assessment  or  assessments  ;  nor  shall  any 
such  title,  lien  or  right  be  vitiated  or  affected  on  account  of 
errors  in  stating  or  extending  the  amount  of  any  tax  or  special 
assessment,  making  the  same  too  large  or  too  small,  as  to  any 
lot  or  tract  of  land  in  any  book,  certificate,  receipt,  deed, 
paper,  notice  or  other  document.  [R.  8.  1889,  Sec.  1378. 

SEC.  61.     Comptroller  may  abate   tax,   when.— 

The  comptroller  may,  at  any  time  prior  to  the  sale  of  any  lot 
or  tract  of  land  or  personal  property,  for  deliquent  taxes  or 
special  assessment,  abate  any  particular  tax  or  special  assess- 
ment entered  in  any  tax  book,  because  the  same  has  been  paid, 
or  for  mistake  in  entering  them  against  the  wrong  lot  or  tract, 
or  in  case  of  any  personal  tax  against  the  wrong  person,  and 


RKVKNUEXXEVY  OK  TA*ES.  97 


correct  any  mistake  as  to  the  amount  of  any  tax  or  special 
assessment  so  entered.  He  shall,  in  each  case,  make  a  perma- 
nent record  of  his  action  in  making  such  abatements  and  cor- 
rections ;  and  the  auditor  shall  at  once  note  such  action  on  the 
proper  land  book  arid  other  proper  records  of  the  city,  in  such 
way  as  to  show  clearly  what  has  been  done  and  when,  but 
without  altering  or  raising  the  prior  entries  of  taxes  and  special 
assessments  in  the  book  or  record.  \_R.  S.  1889^  Sec.  1-379. 

SEC.   62.     Liberal  construction  to  be  given,  when. 

— Each  assessment,  land  tax  book,  personal  tax  book,  notice, 
advertisement,  book  of  sales,  certificate  of  purchase,  deed, 
paper  and  document  of  every  nature  and  description,  made  or 
executed  under  or  pursuant  to  this  article,  shall  be  liberally 
construed  to  affect  the  purposes  and  object  of  this  article,  andi 
in  determining  the  validity  thereof.  No  error  or  irregularity 
in  any  assessment,  land  tax  book  or  personal  tax  book,  notice, 
advertisement,  certificate  of  purchase,  deed,  paper  or  docu- 
ment aforesaid,  relating  to  the  assessment,  levy  or  collection  of 
the  taxes  of  the  city,  shall  in  any  manner  affect  or  impair  the 
validity  of  any  tax  or  any  sale  or  other  proceedings  for  their 
collection.  This  article  shall  be  taken  and  held  a  full  and 
sufficient  notice  of  all  acts  and  proceedings  for  assessments, 
levying  and  collecting  of  the  taxes  and  special  assessments 
of  such  city.  [jR.  8.  1889,  Sec.  1380. 

SEC.   63.     Descriptions   by   reference,    etc. —  Any 

and  all  descriptions  of  real  estate,  acres,  blocks,  lots  or  any 
fractions  or  parts  thereof,  and  any  and  all  dates,  years  and 
valuations,  taxations,  taxes,  interest,  costs,  penalties,  numbers, 
quantities  or  amounts  in  any  assessment,  land  tax  book,  per- 
sonal tax  book,  advertisement,  notice,  book  of  sales,  certificate 
of  purchase,  deed,  paper  or  document  of  any  nature  or  descrip- 
tion, made  or  executed  under  or  pursuant  to  this  article,  shall 
be  sufficient  and  valid  when  made  or  stated,  in  whole  or  in 
part,  in  abbreviations  or  contractions  of  words,  letters,  char- 
acters or  figures,  as  provided,  and  for  purpose  similar  to  those 


98  ARTICLES  OF  INCORPORATION. 

mentioned  in  "An  act  entitled  an  act  concerning  the  assess- 
ment and  collection  of  the  revenue,"  approved  March  30,  1872, 
[R.  S.  1889,  Sec.  7707],  and  when  so  made  or  stated,  shall  be 
deemed  and  held  to  be  fully  and  fairly  made  and  stated,  as 
though  the  same  had  been  written  out  in  full.  In  describing 
real  estate  for  any  purpose  contemplated  in  this  article,  any  lot 
or  tract  may  be  described,  as  far  as  practicable,  by  reference 
or  according  to  any  map  or  plat  or  record  of  the  same,  in  the 
recorder's  office  of  such  county,  on  which  the  lot  or  tract  may 
be  shown  or  designated.  Lots  and  tracts  covered  by  or  shown 
on  any  such  map  or  plat,  or  record  thereof,  shall,  as  far  as 
practicable,  be  described  consecutively  in  any  assessment,  land 
tax  book,  notice,  advertisement  and  book  of  sales,  and  when 
the  name  or  designation  of  any  such  map  or  plat,  or  call  there- 
for, or  the  record  thereof,  in  the  way  the  same  would  be 
sufficiently  or  may  be  commonly  known  or  called  for  in  deeds 
of  conveyance  made  by  private  persons,  of  lands  shown  or 
designated  on  the  map  and  plat,  or  record  thereof,  shall  be 
inserted,  wholly  or  partly  across  the  space  or  part  of  any  page 
of  any  assessment,  land  tax  book,  advertisement,  notice  or  sale 
book  made  for  description  of  real  estate,  such  name  or  desig- 
nation or  call  shall  be  deemed  and  taken  to  be  part  of  the 
description  of  each  lot  or  tract  of  land  following  on  the  same 
-page,  without  repetition  thereof  in  the  description  of  each  lot 
-or  tract,  and  to  indicate  that  the  lots  or  tracts  so  following  are 
,in  the  parcel  of  land  covered  by  the  map  or  plat  or  record 
•thereof  referred  to  or  called  for,  until  such  a  description  is 
inserted  as  to  indicate  that  it  is  of  real  estate  not  covered  by 
the  map  or  plat  or  record  thereof  so  called  for.  Any  and  all 
descriptions  of  real  estate  in  any  assessment,  land  tax  book, 
book  of  sales,  advertisements,  notice,  certificates  of  purchase, 
receipts,  deed,  paper  or  documents  of  any  nature  or  descrip- 
tion, made  or  executed  under  or  pursuant  to  this  article,  when 
so  made  that  the  lot  or  tract  intended  may  be  identified  or 
located,  shall  be  deemed  and  held  good,  valid  and  complete, 


REVENUE — LEVY  OF  TAXES.  99 

as  though  the  same  had  been  written  out  in  full.  [It.  S.  1889, 
Sec.  1381. 

SEC.   64.     Penalty  for  official  dereliction. — If  any 

assessor,  city  clerk,  city  auditor,  city  collector  or  other  officer 
shall  fail  to  perform  any  duties  imposed  on  him  by  this  article, 
in  the  time  herein  prescribed,  such  officer  shall  forfeit  and  pay 
to  such  city,  for  such  failure  to  perform  such  duty  on  the  day 
required,  the  sum  of  twenty-five  dollars,  and  for  every  day 
after  the  first  day  on  which  he  shall  so  fail  to  perform  such 
duty,  shall  forfeit  and  pay  to  the  city  an  additional  sum  of 
twenty-five  dollars,  to  be  recovered  of  him  and  his  sureties,  in 
an  action  on  his  official  bond,  in  the  name  of  the  city  ;  but 
such  failure  to  do  any  act  or  make  any  return  on  any  prescribed 
day  shall  in  no  manner  affect  the  validity  of  such  act  if  done 
afterwards.  [R.  8.  1889.,  Sec.  1382. 

SEC.  65.  Sale,  when  discontinued. — When  all  the 
parcels  of  real  property  advertised  for  sale  have  been  offered 
for  sale,  in  accordance  with  the  provisions  of  this  article,  and 
any  portion  thereof  shall  not  be  sold  for  want  of  bidders,  it 
shall  be  the  duty  of  the  city  collector  to  report  such  fact  to  the 
comptroller,  who,  if  he  deems  it  to  the  best  interest  of  the 
city,  may  discontinue  such  sale,  instead  of  having  such  sale 
adjourned  as  hereinbefore  provided,  and  the  action  of  such 
comptroller,  in  discontinuing  such  sale,  shall  not  be  called  in 
question  in  any  action  to  enforce  the  collection  of  delinquent 
taxes  by  suit,  as  hereinafter  provided.  [J?..  S.  1889,  Sec. 
1383. 

SEC.  66.  Suits  for  taxes. — When  any  sale  of  real 
estate  shall  be  discontinued,  as  hereinbefore  provided,  or 
uhen  any  real  estate  has  been  bid  off'  for  the  city,  as  before 
provided,  and  also  in  all  cases  when  taxes  have  become  delin- 
quent before  the  passage  of  this  article,  suit  may  be  brought 
in  the  name  of  such  city,  to  enforce  the  collection  of  such 
taxes,  general  or  special,  with  interest,  cost  and  penalties 
thereon,  in  any  court  of  competent  jurisdiction.  It  shall  be 


100  ARTICLES  OF  INCORPORATION. 

sufficient  to  state,  in  the  petition  or  other  statement  of  the  cause 
of  action  in  any  such  case,  ihe  amount  of  the  tax,  the  rate 
of  interest  and  date  from  which  it  is  claimed,  the  property 
upon  which  it  is  a  charge,  the  owner  thereof,  and  the  year  or 
years  for  which  the  same  is  levied;  or  if  a  special  tax,  the 
date  and  title  of  the  ordinance  under  which  it  is  levied,  and 
that  such  tax  has  not  been  paid.  In  suits  for  the  collection  of 
taxes  on  personal  property,  it  shall  be  sufficient  to  state  the 
amount  of  tax,  interest  and  costs,  and  penalty  claimed,  the  year 
or  years  for  which  it  was  levied,  the  owner  of  the  personal 
property,  and  that  the  tax  has  not  been  paid.  [7?.  8.  1889, 
Sec.  1384. 

SEC.   67.     What  necessary  to  establish  in  tax  suit 

— judgment — amount. — In  all  suits  for  the  collection  of 
taxes  on  personal  property  by  the  city  counselor,  it  shall  be 
sufficient  to  state  the  amount  of  tax,  interest,  costs  and  pen- 
alty claimed,  the  year  or  years  for  which  it  was  levied,  the 
name  of  the  owner  of  the  personal  property,  and  that  the  tax 
has  not  been  paid.  The  judgment,  if  for  the  plaintiff,  shall  be 
that  plaintiff  recover  the  amount  found  due,  with  interest  and 
penalties,  as  now  provided  by  law,  also  all  costs  of  suit,  and 
that  the  same  is  a  first  lien  on  the  goods  and  chattels  of  such 
person,  and  none  of  the  personal  property  of  such  person  shall 
be  exempt  from  levy  and  sale  to  satisfy  execution  under  said 
judgment.  The  city  recorder  [judge  of  police  court]  and 
justices  of  the  peace  shall  have  jurisdiction  in  all  cases  for  the 
collection  of  personal  taxes  where  the  amount  does  not  exceed 
three  hundred  dollars.  [E.  8.  1889,  Sec.  1343. 

SEC.  68.  Who  shall  be  made  defendants. — It  shall 
be  sufficient  to  make  those  persons  having  an  interest  in  the 
property  at  the  commencement  of  the  suit  defendants,  but 
those  who  are  made  defendants  shall  be  bound,  and  a  sale 
thereunder  shall  convey  all  the  right,  title  and  interest  of  such 
as  are  made  defendants,  though  all  persons  who  have  an 
interest  are  not  made  defendants  or  parties  thereto.  The 


REVENUE — LEVY  OF  TAXES.  101 

judgment  for  taxes,  interest,  costs  and  penalties  thereon  shall 
have  priority  over  all  other  liens  or  incumbrances.  [R.  S. 
1889,  Sec.  1385. 

SEC.  69.  Judgment. — The  judgment,  if  for  plaintiff, 
shall  be  that  plaintiff  recover  the  amount  found  due  and  costs 
of  suit,  to  be  levied  of  the  real  estate  against  which  the  tax  is 
charged.  Such  judgment  shall  bear  the  same  rate  of  interest 
as  did  the  tax  at  the  date  of  the  judgment,  and  execution  shall 
issue  on  judgments  in  conformity  therewith,  and  the  sale  under 
such  judgment  and  execution  issued  thereon  shall  be  absolute 
and  free  from  any  redemption.  \_R.  S.  1889,  Sec.  1386. 

SEC.  70.  General  and  special  taxes  may  be  in- 
cluded in  one  suit. — When  there  are  general  and  special 
taxes,  or  more  than  one  year's  general  tax,  due  the  city  upon 
any  parcel  of  property,  they  may  all  be  included  in  one  suit, 
and  when  taxes  on  more  than  one  parcel  of  land  owned  by  the 
same  person  or  persons  are  due,  all  such  parcels  may  be 
included  in  one  suit.  Owners  of  undivided  interests  may  be 
sued  jointly  or  severally,  and  each,  together  with  his  interest, 
charged  with  the  proper  proportion  of  the  tax,  though  such  tax 
may  have  been  assessed  as  a  whole.  When  any  parcel  of  land 
has  been  included  in  the  assessment  of  a  larger  parcel  or  tract, 
such  smaller  parcel  shall  be  charged  with  its  fair  and  just  pro- 
portion of  the  tax,  which  shall  be  determined  by  the  court. 
The  owners  of  the  whole  of  the  larger  parcels  may  be  made 
defendants,  and  each  parcel  charged  with  a  proper  share  of  the 
tax,  or  the  owners  of  any  one  or  more  of  the  smaller  parcels, 
may  be  sued  separately.  In  all  such  cases  the  several  taxes 
and  parcels  of  land  may  be  set  out  in  one  cause  of  action,  and 
judgment  entered  against  each  parcel  for  the  tax,  interest,  cost 
and  penalties  found  due  thereon.  [R.  S.  1889,  Sec.  1387. 

SEC.  71.  Courts  having  jurisdiction  in  suit  for 
taxes. — The  recorder  [judge  of  the  police  court]  of  such  city, 
and  all  justices  of  the  peace  having  jurisdiction  in  such  city, 
shall  have  jurisdiction  in  all  cases  for  the  collection  of  taxes 


102  ARTICLES  OF  INCORPORATION. 

due  the  city,  when  the  amount  does  not  exceed  the  sum  of 
three  hundred  dollars,  and  the  defendant  has  been  served  with 
summons,  and  judgment  shall  be  as  heretofore  prescribed. 
No  executions  shall  be  issued  by  the  recorder  [judge  of  the 
police  court]  or  justice  of  the  peace  thereon,  but  upon 
filing  the  transcript  of  such  judgment  in  the  office  of  the  clerk  of 
the  circuit  court  of  such  county  at  such  city,  such  clerk  shall 
record  the  same  in  the  book  kept  for  recording  transcripts  of 
judgments  before  justices  of  the  peace,  and  shall  also  enter 
such  judgment  in  the  judgment  docket  of  such  court,  and  exe- 
cutions shall  issue  thereon  in  conformity  with  such  transcript 
of  judgment.  In  all  such  suits  before  the  recorder  [judge  of 
the  police  court],  the  summons  shall  be  directed  to  and  served 
by  the  constable  of  such  township  of  such  county,  [ft.  S. 
1889,  See.  1388. 

SEC.  72.     Practice  to  be  as   in   civil  cases — The 

proceedings  in  such  suits  for  the  collection  of  taxes  shall,  in 
all  respects  not  herein  provided  for,  conform  as  near  as  may 
be  to  the  practice  and  procedure  in  civil  cases,  including  the 
sale  under  executions  and  making  deed  to  purchaser  :  Provi- 
ded, that  in  advertising  property  for  sale  under  such  execu- 
tions it  shall  not  be  necessary  to  publish  such  advertisement 
in  more  than  one  newspaper.  [ft.  S.  1889,  Sec.  1389. 

SEC.  73.  Tax  books  to  be  evidence. — The  tax  book 
and  all  other  books  and  papers  made  or  kept  by  the  auditor, 
collector,  assessor  or  other  officers  of  the  city,  in  any  manner 
relating  to  any  tax,  shall  be  received  in  all  courts  as  evidence 
of  all  the  facts  stated  therein,  and  of  the  validity  of  the  tax, 
costs,  interest  and  penalty  therein  appearing,  and  a  copy  of  so 
much  of  any  of  the  aforesaid  books  and  papers  as  relates  to 
the  tax  in  question,  certified  to  by  the  auditor,  or  any  other  officer 
of  said  city  having  the  same  in  charge,  shall  be  received  in 
evidence  in  like  manner  and  with  like  effect,  [ft.  S.  1889, 
Sec.  1390. 


REVENUE — LEVY  OF  TAXES.  103 

SEC.  74.  Attorney's  fee. — An  attorney  fee  of  ten  per 
centum  on  the  amount  of  the  judgment  shall  be  taxed  up  as 
costs  in  every  proceeding  for  the  collection  of  delinquent  taxes 
under  this  article.  Such  amount  of  ten  per  centum  shall  be 
taxed  and  collected  as  other  costs  in  the  case:  Provided,  that 
no  such  fee  shall  be  paid  till  the  judgment  and  other  costs  in 
the  case  are  paid.  \E.  S.  1889,  Sec.  1391. 

SEC.  75.  Certain  terms  explained. — The  terms 
real  property,  real  estate  and  land,  where  used  in  this  article, 
shall  include  not  only  the  land  itself,  bat  all  buildings,  fixtures, 
improvements,  rights  and  privileges  appertaining  thereto.  The 
term  personal  property  shall  include  every  tangible  thing  which 
is  the  subject  of  ownership,  not  forming  a  part  or  parcel  of 
real  property,  and  where  used  in  this  article  in  their  general 
sense,  shall  include  all  taxable  property  other  than  real 
property.  The  words  he,  his  or  him,  when  so  used  as  to  refer 
to  a  female,  shall  be  held  to  mean  she,  hers  or  her,  and  when 
so  used  as  to  refer  to  more  than  one  person,  they,  their  or  them, 
as  the  sense  may  require.  The  word  tax  or  taxes,  where  used 
in  this  article,  or  any  deed  or  paper  made  or  executed  under 
the  provisions  of  this  article,  shall  be  held  to  mean  all  taxes, 
general  or  special,  and  special  assessments,  as  the  sense  may 
seem  to  require.  The  word  person  shall  be  held  to  mean 
and  include  a  firm,  company  or  corporation,  as  the  sense  may 
seem  to  require.  The  term  tax  book,  where  used  in  this 
article  without  either  of  the  qualifying  words  personal  or 
land,  shall  be  held  to  mean  and  include  personal  tax  book 
and  land  tax  hook,  as  the  sense  may  seem  to  require. 
The  word  merchant  or  merchants,  where  used  in  this 
article,  shall  be  held  to  mean  and  include  every  person  or 
copartnership  of  persons  who  shall  deal  in  the  selling  of 
goods,  wares  and  merchandise,  including  clocks,  at  any  store, 
stand  or  place  occupied  for  that  purpose  in  such  city.  \_E.  A'. 
1889,  Sec.  1392. 


104  ARTICLES  OF  INCORPORATION. 


ARTICLE  X. 

INDEBTEDNESS— BONDS. 

SECTIOX  SECTION 

1.  Cities  allowed  to  incur  indebted-  11.    Form  of  ballot. 

ness.  12.    If  adopted,  certificate  of  circuit 

2.  Election  to  be  held,  notice.  judge. 

:}.  Ballots,  form  of.  13.  Form  of  bond. 

4.  Bonds  to  issue,  when,  terms  of.  14.  Bonds  to  be  signed  and  registered. 

5.  Provisions  of  this  article,  scope  of.  15.  Sale  of  bonds. 

6.  Indebtedness  not  to  be  incurred.  16.  Taxes  to  pay  bonds. 

7.  May  issue  bonds  for  improvements.  17.  Bonds  to  be  numbered. 

8.  Ordinance  therefor.  18.  Bonded  indebtedness,  may  be  fund- 

9.  Certificate  of  circuit  judge.  ed,  proceedings  necessary. 
10.  Notice  of  election. 

SECTION  1.     Cities  allowed  to  incur  indebtedness. 

-The  various  cities,  towns  and  villiages  in  this  state,  whether 
organized  by  special  charter  or  under  the  general  laws  of  the 
state,  may  contract  a  debt  or  debts  in  excess  of  the  annual 
income  and  revenue  for  any  such  year,  for  any  purpose  author- 
ized in  the  charter  of  such  city,  town  or  village,  or  by  any 
general  law  of  the  state,  upon  the  assent  of  two-thirds  of  the 
legal  voters  of  such  city,  town  or  village  voting  at  an  election 
held  for  that  purpose  :  Provided,  such  indebtedness  so  to  be 
c  ntracted  shall  not,  with  the  existing  indebtedness  of  such 
citv,  town  or  village,  exceed  in  the  aggregate  five  per  cent  on 
the  value  of  the  taxable  property  therein,  to  be  ascertained  by 
the  assessment  next  before  the  last  assessment  for  state  and 
county  purposes  previous  to  the  incurring  of  such  indebted- 
ness ;  and  provided  farther,  that  the  proper  authorities  of  every 
such  city,  town  or  village  incurring  such  indebtedness  shall, 
before  or  at  the  time  of  doing  so,  provide  for  the  collection 
of  an  annual  tax  sufficient  to  pay  the  interest  on  such  indebted- 
ness as  it  falls  due,  and  also  to  constitute  a  sinking  fund  for 
the  payment  of  the  principal  thereof,  within  twenty  years  from 
the  time  of  contracting  same.  [ft.  S.  1889,  Sec.  19Jfi. 

SEC.   2.     Election  to  be  held,  notice. — For  the  pur- 
pose of  testing  the  sense  of  the  voters  of  any  incorporated  city, 


INDEBTEDNESS — BONDS.  105 

town  or  village  upon  a  proposition  to  become  indebted  or  to 
increase  the  debt  thereof,  as  contemplated  in  the  next  prece- 
ding section,  the  council,  trustees  or  other  proper  authority  of 
such  municipality  shall  order  a  special  election  to  be  held,  of 
which  they  shall  give  not  less  than  fifteen  days  previous  notice, 
by  publication  in  some  newspaper  published  therein,  or  if  there 
be  no  such  newspaper,  then  by  posting  up  ten  written  or  printed 
hand  bills  in  ten  public  places  in  such  city,  town  or  village. 
Such  election  shall  be  held  and  judges  thereof  appointed  as  in 
case  of  other  elections  in  such  municipalities,  [fi.  /S.  1889, 
Sec.  1948. 

SEC.  3.  Ballots,  form  of. — The  council,  trustees  or 
other  proper  officers  of  such  city,  town  or  village  shall  prepare 
and  cause  to  be  printed  ballots  to  be  used  at  such  election, 
which  shall  be  in  the  following  form  :  "  For  increase  of  debt- 
Yes  ;"  "  For  increase  of  debt — No  ;"  the  former  of  which  shall 
be  taken  as  a  vote  assenting  to  such  increase  of  debt,  and  the 
latter  as  dissenting  therefrom.  [7?.  S.  1889,  Sec.  1949. 

SEC.   4.     Bonds  to  issue,  when,  and  terms  of.— 

Upon  the  result  of  such  election  being  certified  by  the  judges 
thereof  to  the  council,  trustees,  or  other  proper  officials  of  such 
city,  town  or  village,  such  council  or  trustees,  if  the  proposi- 
tion for  the  incurring  or  increasing  of  such  debt  be  carried, 
may  by  proper  ordinance  declare  such  result,  and  cause  bonds 
of  such  city,  town  or  village  to  be  issued,  covering  the  amount 
of  such  debt,  payable  to  bearer,  and  in  denominations  of  not 
less  than  $100  nor  more  than  $1,000  each,  payable  within 
twenty  years  from  date  or  within  five  years,  at  the  option  of 
such  city,  town  or  village,  with  interest  from  date  not  exceed- 
ing eight  per  cent  per  annum,  payable  semi-annually  ;  which 
bonds  shall  have  interest  coupons  attached  to  conform  to  the 
face  of  the  bond.  All  such  bonds  shall  be  attested  by  the  sig- 
nature of  the  mayor  or  other  chief  officer  of  such  city,  town  or 
village,  and  of  the  clerk  thereof,  and  each  bond  shall  have 
affixed  thereto  the  corporate  seal  of  such  municipal  corpora- 


106  ARTICLES  OF  INCORPORATION. 

tion.  Such  bonds  may  be  negotiated  and  sold,  but  in  no  case 
shall  they  be  sold  for  less  than  par.  [JR.  S.  1889,*Sec.  I960. 

SEC.  5.     Provisions  of  this   article,   scope  of.— 

The  provisions  of  the  preceding  four  sections  shall  apply  to  all 
cities,  towns  and  villages  in  this  state,  whether  organized  by 
special  charter  or  under  the  general  laws  of  the  state,  any  pro- 
vision in  any  special  charter  of  any  city,  town  or  village  in  the 
state  to  the  contrary  notwithstanding.  [E.  S.  1889,  Sec. 
1951. 

SEC.  6.  Incurring  indebtedness,  limit.  —  No 
money  shall  be  borrowed  or  indebtedness  incurred  for  a  longer 
period  than  one  year,  on  the  faith  and  credit  of  any  city  of  the 
second  class,  by  the  issue  and  sale  of  bonds,  except  as  in  this 
article  provided,  and  then  only  to  an  amount,  including 
indebtedness  of  the  city  existing  at  the  time  of  the  issue  of  the 
bonds,  in  the  aggregate  not  exceeding  five  per  centum  of  the 
value  of  the  taxable  property  in  the  city,  to  be  ascertained  by 
the  assessment  next  before  the  last  assessment  for  state  and 
county  purposes  previous  to  the  incurring  of  such  indebted- 
ness. [R.  S.  1889,  Sec.  1304. 

SEC.  7.  May  issue  bonds. — Any  such  city  may,  by 
ordinance  passed  by  its  common  council  and  approved  by  its 
mayor,  provide  for  the  issue  and  sale  of  bonds  of  the  city, 
either  to  borrow  money  thereon  to  pay  for  any  public  work, 
improvement  or  improvements  for  which  it  may  legally  appro- 
priate and  pay  out  money  in  its  treasury,  or  to  pay  in  whole  or 
in  part  for  any  such  work,  improvement  or  improvements. 
The  ordinance  shall  specify  such  public  work,  improvement  or 
improvements  so  to  be  paid  for  in  some  reasonably  definite 
manner  to  enlighten  voters,  and  the  amount  of  bonds  pro- 
posed to  be  issued  for  such  public  work,  improvement  or 
improvements.  [R.  S.  1889,  Sec.  1305. 

SEC.  8.  Ordinance  to  contain,  what. — Such  ordi- 
nance shall  provide  that  such  bonds  shall  bear  date  to  be 
deemed  the  date  of  issue  thereof,  which  shall  not  be  later  than 


INDEBTEDNESS — BONDS.  107 

ninety  days  from  the  approval  of  the  ordinance;  also,  that  the 
bonds  shaH  bear  interest  at  a  rate  to  be  specified,  not  exceed- 
ing six  per  cent  per  annum,  payable  semi-annually  on  pre- 
sentation and  surrender  of  the  coupons  therewith  ;  also,  that 
the  city  shall  collect  an  annual  tax  sufficient  to  pay  the  interest 
on  such  bonds  as  it  falls  due,  and  also  to  constitute  a  sinking 
fund  for  the  payment  of  the  principal  thereof  within  twenty 
years  from  the  time  of  issue  thereof,  pursuant  to  the  constitu- 
tion and  laws  of  the  state ;  also,  the  time  at  which  the  prin- 
cipal of  the  bonds  shall"  be  payable,  not  exceeding  twenty 
years  from  issue,  subject  to  payment  of  any  or  all  thereof 
before  that  time  out  of  the  sinking  fund  constituted  for  that 
purpose,  and  also  specify  a  day  on  which  an  election  shall  be 
held  for  the  purpose  of  voting  on  the  proposition  to  issue 
such  bonds.  [B.  8.  1889,  Sec.  1306. 

SEC.   9.     Ordinance  referred  to  circuit  judge. — 

After  passage  and  approval  of  such  ordinance,  the  city  counselor 
and  city  comptroller  shall  present  the  same  to  a  judge  of 
the  circuit  court  of  the  county  in  which  the  city  is  situate,  and 
submit  to  him  a  sworn  statement  of  the  city  comptroller,  show- 
ing the  then  existing  indebtedness  of  the  city,  of  every  nature 
and  description,  and  amount  thereof,  and  what  such  indebted- 
ness will  be,  as  near  as  he  can  calculate,  at  the  date  of  issue  of 
the  bonds.  There  shall  also  be  submitted  to  such  judge  proof 
satisfactory  to  him  of  the  value  of  the  taxable  property  in  the 
city,  ascertained  by  the  assessment  next  before  the  last  assess- 
ment for  state  and  county  purposes.  Such  other  proofs  as  the 
judge  may  require  shall  be  submitted,  and  if,  after  full  exam- 
ination, he  be  satisfied  that  the  amount  of  bonds  proposed  to 
be  issued  can  be  issued  without  violation  of  the  constitution  or 
laws  of  the  state,  he  shall  so  certify  over  his  hand  on  the  back 
of  the  original  ordinance.  [R.  S.  1889,  Sec.  1307. 

SEC.   10.     Notice  of  election. — After  such  certificate 

the  city  shall  cause  to  be  published  in  two  or  more  newspapers, 

•printed  and  published  in  the  city,  fcr  at  least  thirty  successive 


108  ARTICLES  OF  INCORPORATION. 

days  prior  to  the  time  for  election,  in  each  issue  of  the  papers 
during  the  time,  a  copy  of  such  ordinance  and  certificate,  with 
a  proclamation  according  to  law,  that  an  election  will  be  held 
at  the  time  appointed  in  the  ordinance  for  the  voters  of  the  city 
to  vote  on  the  proposition  for  the  issue  of  bonds  as  proposed 
by  the  ordinance.  [R.  S.  1889,  8ec.  1308. 

SEC.  11.  Election,  form  of  ballot. — Any  elector  or 
voter  desiring  at  such  election  to  assent  to  the  incurring  of 
indebtedness  by  such  issue  of  bonds,  may  cast  a  ballot  having 
written  or  printed  thereon,  u  for  issue  of  bonds,"  but  if  he  does 
not  desire  to  assent  to  incurring  indebtedness  by  such  issue  of 
bonds,  he  may  cast  a  ballot  having  written  or  printed  thereon, 
k'  against  issue  of  bonds."  Such  election  shall  be  conducted, 
and  the  result  ascertained  and  declared  as  near  as  may  be,  as 
in  case  of  other  special  city  elections,  and  the  city  may  pass 
and  enforce  all  ordinances  proper  to  conduct  the  election  and 
learn  the  sense  of  the  voters  as  to  the  issue  of  bonds.  [R.  S. 
1889,  Sec.  1309. 

SEC.  12.     If  adopted,  certificate  of  circuit  judge 

to  be  procured. — If  two-thirds  of  the  voters  of  the  city 
voting  at  such  election  shall  assent  to  the  city  becoming 
indebted  by  the  issue  of  such  bonds,  the  city  shall  apply  to  the 
judge  of  the  circuit  court  in  which  the  city  is  situate,  for  a  cer- 
tificate that  at  the  date  of  the  issue  of  such  bonds  the  city  can 
legally  become  indebted  for  the  amount  of  the  bonds  as  pro- 
posed by  the  ordinance,  and  that  the  indebtedness  incurred  by 
such  bonds,  together  with  all  other  indebtedness  of  the  city,  of 
every  nature  and  description,  existing  at  the  date  of  such  issue, 
does  not,  in  the  aggregate,  exceed  five  per  centum  on  the  value 
of  the  taxable  property  in  the  city,  ascertained  by  the  assess- 
ment next  before  the  last  assessment  for  state  and  county  pur- 
poses, previous  to  the  incurring  of  such  indebtedness  by  said 
bonds,  issued  according  to  the  ordinance.  Such  certificate  shall 
also  state  the  aggregate  amount  of  all  indebtedness  of  the  city 
of  every  nature  and  description,  including  such  bonds  at  the 


INDEBTEDNESS — BONDS.  109 

date  of  such  issue,  and  the  amount  of  five  per  centum  on  such 
taxable  property  in  the  city,  ascertained  as  aforesaid.  Testi- 
mony, under  oath,  as  to  the  indebtedness  of  the  city,  shall  be 
submitted  to  the  judge,  and  such  other  proofs*  be  also  submit- 
ted as  he  may  require,  so  that  he  may,  on  full  investigation, 
make  the  required  certificate  if  the  facts  warrant  the  same. 
Without  such  certificate  no  bonds  whatever  shall  be  issued. 
Such  certificate,  when  obtained,  shall  be  indorsed  on  the  orig- 
inal ordinance  and  be  recorded  therewith,  and  a  copy  thereof 
shall  be  printed  on  the  back  of  each  bond.  [R.  S.  1889,  Sec. 
1310. 

SEC.  13.  Bond,  form  of. — Each  bond  shall,  on  the 
face  thereof,  recite,  among  other  things,  that  it  is  issued  by  the 
city,  naming  it,  pursuant  to  the  ordinance  therefor,  to  be  refer- 
red to  by  its  title  and  date  of  approval,  and  with  the  assent  of 
two-thirds  of  the  voters  of  the  city  voting  at  an  election  held 
for  that  purpose  on  the  day  provided  in  such  ordinance,  to  be 
mentioned  in  the  bond  as  in  the  ordinance,  to  the  city  becom- 
ing indebted  by  the  issue  of  such  bonds  ;  that  the  indebtedness 
of  ihe  city  incurred  by  the  bonds  issued  pursuant  to  such  ordi- 
nance, together  with  all  other  indebtedness  of  the  city  of  every 
nature  and  description,  existing  at  the  date  of  such  issue,  does 
not,  in  the  aggregate,  exceed  five  per  centum  of  the  value  of 
the  taxable  property  in  the  city,  ascertained  by  the  assessment 
next  before  the  last  assessment  for  state  and  county  purposes, 
previous  to  the  incurring  of  such  indebtedness  by  said  bonds, 
as  stated  in  the  certificate  of  the  judge  printed  on  the  back  of 
the  bond  ;  and  shall  also  state  that  the  city  may,  before  matu- 
rity of  the  bonds,  call  for  and  pay  the  same  out  of  the  sinking 
fund  constituted  according  to  said  ordinance  and  the  constitu- 
tion and  laws  of  Missouri,  for  payment  of  all  such  bonds  within 
twenty  years  from  the  issue  thereof.  Such  bonds  shall  be  for 
the  payment  of  one  thousand  dollars  each,  and  be  made  paya- 
ble to  some  person  or  party  or  order,  or  merely  to  bearer. 
Each  coupon  shall  contain  a  promise  of  the  city  to  pay  the  sum 
specified  therein,  as  six  months  interest  on  the  bond  to  which 


110  ARTICLES  OF  INCORPORATION. 

it  is  attached,  designated  by  number  and  date.  [fl.  8  1S89, 
Sec.  1311. 

SEC    14.     .Signing  bonds— to  be  registered. — All 

such  bonds  shall  be  signed  by  the  mayor  of  the  city  and 
countersigned  by  the  city  comptroller,  with  the  seal  of  the  city 
affixed  thereto.  Coupons  may  be  signed  by  the  city  comptroller, 
or  have  his  signature  lithographed  or  engraved  thereon.  Such 
bonds  shall,  before  they  obtain  validity,  be  presented  to  the 
state  auditor  and  registered  by  him  according  to  article  II  of 
chapter  22  of  the  Revised  Statutes  of  the  State  of  Missouri  of 
1889,  or  any  other  general  law  of  the  state  as  to  registration 
of  bonds  in  force  at  the  time  of  such  issue.  [R.  8.  1889,  Sec. 
1312. 

SEC.   15.     Sale  of  bonds — disposition  of  proceeds. 

— No  such  bond  shall  be  sold  or  disposed  of  by  the  city  for  less 
than  the  par  value  thereof,  and  all  coupons  matured  at  the  time 
of  any  sale  or  disposition  shall  be  canceled.  The  money 
borrowed  on  any  such  bonds,  or  the  bonds  themselves,  shall 
be  used  only  to  pay  for  the  public  work,  improvement  or 
improvements  specified  in  the  ordinance  providing  for  the  issue 
thereof.  The  city  comptroller  shall  be  charged  with  the  duty 
of  regulating  and  controlling  the  use  of  such  money  and  bonds, 
and  no  money  so  borrowed  shall  be  paid  or  bonds  delivered 
without  his  warrant  or  order.  Money  so  borrowed  and  bonds 
so  issued,  until  disposed  of  as  aforesaid,  shall  remain  in  the 
treasury  of  the  city,  and  the  city  treasurer,  and  the  sureties  of 
his  official  bond,  shall  be  liable  therefor.  When  it  is  proposed 
to  pay  for  any  public  work  or  improvement  or  improvements 
mentioned  in  the  ordinance  for  issue  of  such  bonds,  with  the 
bonds  themselves  instead  of  money,  the  bonds  shall  count  as 
means  standing  to  the  credit  of  the  proper  fund  or  revenue 
account  for  the  purpose  of  the  comptroller  certifying  that 
unappropriated  means  stand  to  the  credit  of  any  fund  or  revenue 
account  mentioned  in  any  ordinance  appropriating  such  bonds 
for  the  purposes  aforesaid,  to  meet  the  requirements  of  any 


INDEBTEDNESS — BONDS.  Ill 

ordinance  appropriating  the  same.  Subject  to  provisions 
hereof,  the  city  may,  by  ordinance,  provide  for  the  disposition 
of  the  bonds  and  use  thereof,  or  of  money  borrowed  thereon, 
and  the  safe  keeping  of  bonds  and  money  until  properly  used. 
[7?.  S.  1889,  Sec.  1313. 

SEC.  16.  Tax  levy  for  interest  fund — payment  of 
bonds. — The  city  issuing  any  such  bonds  shall  each  year  levy 
and  collect  an  annual  tax  sufficient  to  pay  the  interest  on  such 
bonds  as  it  falls  due,  and  also  to  constitute  a  sinking  fund  for 
the  payment  of  the  principal  of  the  bonds  within  twenty  years 
from  the  time  of  issue  thereof.  The  per  centum  of  levy  for 
such  purpose,  determined  by  the  city  comptroller,  shall  be 
stated  in  the  ordinance  for  levy  of  taxes  each  year,  and  the 
money  realized  by  collection  of  such  tax  shall  be  used  only  for 
the  purpose  of  paying  the  interest  and  principal  of  the  bonds. 
The  money  collected  from  such  taxes,  not  used  from  time  to 
time  to  pay  interest  coupons,  shall  constitute  a  sinking  fund 
for  paying  the  principal  of  the  bonds.  Whenever,  in  the 
opinion  of  the  ciiy  comptroller,  there  is  sufficient  money 
belonging  to  the  sinking  fund  to  make  it  to  the  interest  of  the 
city  to  pay,  take  up  and  cancel  one  or  more  of  such  bonds,  he 
shall  proceed  to  do  so  out  of  such  sinking  fund.  If  a  suffi- 
cient amount  of  bonds  are  not  voluntarily  offered  for  redemp- 
tion, the  city  comptroller  shall,  in  such  manner  as  he  may  see 
fit,  determine,  by  lot,  which  bond  or  bonds  of  those  outstand- 
ing shall  be  redeemed,  such  determination  to  be  conclusive 
against  the  holder  or  holders  of  all  such  outstanding  bonds, 
and  make  a  call  for  return  of  the  bond  or  bonds  to  be 
redeemed  to  the  city  for  the  payment  and  cancellation,  by 
making  an  actual  demand  by  letter  or  otherwise  on  the  holder 
or  holders  thereof,  if  known  to  him,  but  if  not  known  to  him, 
by  publication  of  notice  for  ten  days  in  at  least  one  newspaper 
printed  and  published  in  the  city,  and  in  at  least  one  news- 
paper printed  and  published  in  the  City  of  New  York,  or  place 
where  such  bonds  are  made  payable.  Such  demand  or  notice 
shall  specify  the  numbers  of  the  bonds  called  for,  and  after 


112  ARTICLES  OF   INCORPORATION. 

such  call,  interest  on  such  bonds  so  called  shall  cease  with  the 
maturity  of  the  coupon  on  each  called  bond  maturing  next 
after  such  call,  and  all  coupons  on  each  bond  so  called  subse- 
quently maturing  shall  be  surrendered  with  the  bond  to  the 
city  on  payment  of  the  principal  of  such  bond,  such  payment 
to  be  made  on  presentation  of  the  bond  and  coupons  therewith, 
at  the  place  of  payment  specified  on  the  face  of  the  bond,  or 
if,  for  any  reason,  that  is  not  practicable,  then  at  the  treasury 
of  the  city.  The  comptroller  shall,  in  providing  for  payment 
of  the  last  coupon  payable  on  any  called  bonds,  take  such 
steps  as  he  may  deem  reasonable  to  give  holders  of  the  bonds 
called  for  actual  notice  of  the  call  at  the  time  of  paying  such 
coupon  or  coupons.  \_B.  S.  1889,  Sec.  13  H. 

SEC.  17.  Bonds  to  be  numbered. — Bonds  issued 
pursuant  to  any  such  ordinance  shall  be  numbered  consecu- 
tively from  one  up,  and  be  designated  in  a  series  of  a  certain 
number,  or  in  some  other  way  convenient  for  keeping  accounts 
and  performing  the  duties  enjoined  by  this  article.  \_R.  S. 
1889,  Sec.  1315. 

SEC.  18.  Bonded  indebtedness  of  cities,  towns, 
villages  and  school  districts  may  be  funded — pro- 
ceedings necessary. — The  various  counties  in  this  state, 
for  themselves,  as  well  as  in  behalf  of  any  township  or  parts  of 
townships  for  which  said  counties  may  have  heretofore  issued 
any  bonds,  and  the  several  cities,  villages,  incorporated  towns 
and  school  districts,  are  hereby  authorized  by  their  respective 
county  courts,  and  the  said  cities,  villages  and  incorporated 
towns  by  their  authorities,  and  the  said  school  districts  by  their 
respective  school  boards,  to  fund  any  part  or  all  of  their  exist- 
ing bonded  indebtedness,  including  any  judgments,  bonds  or 
coupons,  at  a  lower  rate  of  interest,  and  for  that  purpose  may 
issue,  negotiate,  sell  and  deliver  renewal  or  funding  bonds,  and 
with  the  proceeds  thereof,  pay  off,  redeem  and  cancel  the  old 
bonds,  as  the  same  mature  :  Provided,  that  such  funding  bonds 
shall  not  be  sold  for  less  than  the  par  value  thereof,  and  that 


INDEBTEDNESS — BONDS.  113 

in  no  case  shall  the  amount  of  the  debt  of  any  such  county  or 
township  or  parts  of  townships,  or  city,  village,  incorporated 
town  or  school  district  nor  the  rate  of  interest  on  such  debt  be 
increased  or  enlarged  under  the  provisions  of  this  chapter  ; 
and  provided  also,  that  no  funding  bonds  issued  under  this 
chapter  shall  be  payable  in  less  than  five  nor  more  than  thirty 
years  from  the  date  thereof,  and  that  such  funding  bonds  shall 
be  of  the  denomination  of  not  more  than  one  thousand  dollars 
nor  less  than  one  hundred  dollars,  and  shall  bear  interest  not 
to  exceed  five  per  cent,  per  annum,  payable  annually  or  semi- 
annually,  and  to  this  end  each  bond  shall  have  annexed  inter- 
est coupons,  and  the  funding  bonds  and  coupons  shall  be  made 
payable  to  bearer  :  Provided,  however,  that  no  such  funding 
bonds,  except  in  the  several  counties,  cities,  villages,  incorpo- 
rated towns,  townships  or  school  districts  in  this  state  which 
have  heretofore  compromised  and  funded  bonds  or  indebted- 
ness for  themselves  or  the  municipal  township  thereof,  shall 
be  valid  or  issued  until  authorized  by  a  majority  of  the  qualified 
voters  voting  at  an  election  held  for  that  purpose,  pursuant  to  an 
order  entered  of  record  by  the  county  court  of  such  county,  or 
the  proper  governing  authorities  of  such  city,  village,  incorpo- 
rated town  or  school  district,  after  public  notice  by  advertise- 
ment in  some  weekly  newspaper  printed  and  published  in  such 
county,  city,  village,  incorporated  town,  township  or  school 
district,  if  there  be  such  paper,  and  if  not,  then  in  the  next 
nearest  paper  to  such  county,  city,  village,  incorporated  town, 
township  or  school  district,  setting  forth  the  object  of  such 
election  for  four  weeks,  and  in  addition  thereto  by  posting  up 
ten  written  or  printed  hand  bills  in  public  places  in  such  county, 
city,  village,  incorporated  town,  township  or  school  district 
before  the  time  when  such  proposition  to  fund  its  indebtedness 
shall  be  voted  on.  Such  notice  shall  contain  the  object  and 
general  nature  of  the  proposition  to  fund  such  indebtedness, 
the  election  to  be  held  in  conformity  with  the  statutes  of  the 
state  governing  state  and  county  elections,  and  shall  be  ordered 
upon  the  petition  of  fifty  resident  tax-payers  in  such  county, 


1 14  ARTICLES  OF  INCORPORATION. 

township,  city  or  town,  and  upon  a  petition  of  five  resident  tax- 
payers in  such  village  or  school  district :  Provided,  that  the 
several  counties,  cities,  villages,  incorporated  towns,  townships 
and  school  districts  in  this  state  which  have  heretofore  com- 
promised and  funded  bonds  or  indebtedness  for  themselves  or 
the  municipal  townships  thereof  are  hereby  authorized  and 
empowered  to  refund  the  same,  or  any  part  thereof,  without 
election,  as  provided  by  this  chapter.  [R.  8.  18S9,  Sec.  835. 
Amended  laws  1897,  p.  39. 


ARTICLE  XI 

CONDEMNATION  OF  PRIVATE  PROPERTY  FOR  PUBLIC  USE. 

SECTION  SECTION 

1.  City  counselor  to  file  petition.  7.    Costs  of  proceedings,  by  whom  paid. 

2.  Notice  of  filing  petition.  8.    Report  of  commission  to  council. 

3.  Appointment  of  commissioners.  9.  .  Appropriation  to  pay  damages. 

4.  Duties  of  commissioners.  10.    Damages  to  be  paid  into  court,when. 

5.  Return  of  assessment.  11.    Council  to  pass  ordinance  in  certain 

6.  Exceptions  to   report    of   commis-  cases. 

sion. 

SECTION  1.  City  counselor  to  file  petition. — When- 
ever the  common  council  in  any  city  of  the  second  class  shall 
provide  by  ordinance  for  establishing,  opening,  widening  or 
altering  any  street,  avenue,  alley,  market  place  or  public 
square,  or  route  for  a  sewer,  and  it  becomes  necessary  for  that 
purpose  to  appropriate  private  property,  and  shall,  in  said 
ordinance,  define  the  limits  within  which  private  property  shall 
be  assessed  to  pay  for  said  improvement,  the  city  counselor,  in 
the  name  of  such  city,  shall  apply  to  the  circuit  court  of  the 
judicial  circuit  where  such  city  is  located,  or  to  any  one  of  the 
judges  in  vacation,  by  petition,  setting  forth  the  general  nature 
of  the  improvements  proposed  to  be  made,  the  names  of  the 
owners  of  the  several  lots  or  parcels  of  land,  if  known,  or,  if 
unknown,  a  correct  description  of  the  parcels  whose  owners 
are  unknown, and  praying  the  appointment  of  three  disinterested 
commissioners,  free  holders  of  property  in  said  city,  to  assess 
the  damages  which  said  owners  may  severally  sustain  by  reason 


CONDEMNATION  OF  PRIVATE  PROPERTY.  115 

of  the  appropriation  and  condemnation  of  such  real  estate  by 
the  city  for  any  of  the  purposes  aforesaid,  and  to  assess  the 
property  especially  benefited  by  said  improvement  within  said 
limits  to  pay  therefor,  to  which  petition  the  owners  of  all  such 
lots  or  parcels  of  land  embraced  in  the  proposed  improvement 
shall  be  made  parties  defendant  by  name,  if  the  names  be  known, 
and  by  the  description  of  the  land  of  unknown  owners.  If  the 
proceedings  seek  to  affect  lands  of  persons  under  guardianship, 
the  guardians  must  be  made  parties  defendant  ;  if  the  lands  of 
married  women,  their  husbands  must  be  made  parties  defendant. 
If  the  possessor  of  land  to  be  affected  has  an  estate  less  than  a 
fee,  the  person  having  the  next  vested  estate  in  remainder  or 
reversion  must,  if  known,  be  made  a  party  defendant.  It  shall 
not  be  necessary  to  make  any  person  parties  defendant  in 
respect  to  their  ownership  unless  they  are  in  actual  possession 
of  the  premises  to  be  affected,  or  have  a  title  to  the  premises 
appearing  of  record  upon  the  proper  record  of  the  county. 
[Laws  1893,  p.  62. 

SEC.  2.  Notice  of  filing  petition. — Upon  the  filing 
of  the  petition  a  summons  shall  be  issued  giving  such  defend- 
ants at  least  ten  days'  notice  of  the  time  when  the  said  peti- 
tion will  be  heard,  which  summons  shall  be  served  by  the  chief 
of  police,  who  shall  for  such  purpose  be  ex  officio  an  officer  of 
the  circuit  court,  in  the  same  manner  as  writs  of  summons  are 
or  may  be  by  law  required  to  be  served.  If  the  name  or  resi- 
dence of  the  owner  be  unknown,  or  if  the  owner  or  any  of  them 
do  not  reside  within  the  state,  notice  of  the  time  of  the  hearing 
of  the  petition,  reciting  the  substance  of  the  petition,  and  the 
day  fixed  for  the  hearing  thereof,  shall  be  given  by  publication 
for  four  weeks  consecutively,  prior  to  the  time  of  hearing  the 
petition,  in  the  newspaper  for  the  time  doing  the  city  printing. 
[Laws  1893,  p.  62. 

SEC.   3.     Appointment    of    commissioners.  —  The 

court,  or  a  judge  thereof  in  vacation,  on  being  satisfied  that 
due  notice  of  the  pending  of  the  petition  has  been  given,  shall 


116  ARTICLES  OF  INCORPORATION. 

appoint  three  disinterested  commissioners,  freeholders  of 
property  in  said  city,  and  residents  of  the  city  for  three  years 
next  preceding  their  appointment,  to  assess  the  damages 
which  the  owners  of  the  land  may  severally  sustain  by  reason 
of  such  appropriation,  and  to  assess  the  property  especially 
benefited  by  said  improvement  within  said  limits  to  pay  there- 
for. [Laws  1893,  p.  62. 

SEC.  4.  Duties  of  commissioners. — It  shall  be  the 
duty  of  the  commissioners  to  ascertain  the  actual  value  of  the 
land  and  premises  proposed  to  be  taken,  without  reference 
to  the  projected  improvement  and  the  actual  damage  done  to 
the  property  thereby,  and  for  the  payment  of  such  values  and 
damages  to  assess  against  the  city  the  amount  of  benefit  to  the 
public  generally,  and  the  balance  against  the  owner  or  owners 
of  all  property  within  said  limits  which  shall  be  especially 
benefited  by  the  proposed  improvement,  in  the  opinion  of  the 
commissioner,  to  the  amount  that  each  lot  of  said  owner  shall 
be  benefited  by  the  improvement.  The  sums  to  be  paid  by 
the  owners  of  property  especially  benefited  by  the  improve- 
ment, as  ascertained  by  the  commissioners,  shall  be  a  lien  upon 
the  property  so  charged,  and  shall  be  collected  as  provided  by 
ordinance,  and  when  collected  shall  be  paid  into  the  city 
treasury  as  a  separate  fund,  to  be  used  exclusively  for  the 
payment  of  the  damages  awarded:  Provided,  however,  that 
in  the  opening  of  an  alley  the  benefits  shall  be  paid  by  the 
owners  of  the  property  in  said  block  abutting  on  the  proposed 
alley.  [Laws  1893,  p.  62. 

SEC.  5.  Return  of  assessment. — When  the  com- 
missioners shall  have  viewed  the  property  and  assessed  the 
value  and  damages  and  benefits,  they  shall  make  their  return 
of  such  assessment  in  writing  and  under  oath  to  the  circuit 
court,  or  clerk  in  vacation,  which  shall  be  filed  by  the  said 
clerk.  In  making  such  report,  the  value  and  damages  allowed 
to  each  owner  and  the  benefits  assessed  against  each  individual 
shall  be  separately  stated.  [Laws  1893,  p.  62. 


CONDEMNATION  OF  PRIVATE  PROPERTY.  117 

SEC.   6.     Exceptions  to  report  of  commissioners. 

—The  report  of  said  commissioners  may  be  reviewed  by  the 
circuit  court,  or  judge  thereof  in  vacation,  on  written  exceptions 
filed  by  either  party  in  the  clerk's  office  within  ten  days  after 
the  filing  of  such  report,  and  [he]  shall  make  such  order  therein 
as  right  and  justice  may  require,  and  may  order  a  new  appraise- 
ment on  good  cause  shown  ;  but  the  hearing  of  such  exceptions 
shall  be  summary,  and  the  court  shall  fix  a  day  therefor  without 
delay,  upon  the  filing  of  any  such  exceptions,  or  within  ten 
days  after  the  expiration  of  the  time  given  said  city  to  report 
the  same  to  the  common  council  as  hereinafter  provided. 
[Laws  1893,  p.  62. 

SEC.  7.     Costs  of  proceedings,  by  whom  paid.— 

The  cost  of  the  proceedings,  up  to  and  including  the  filing  of 
the  report  of  the  commissioners,  shall  be  paid  by  the  city,  and 
as  to  any  cost  caused  by  subsequent  litigation,  the  cost  shall  be 
paid  by  the  losing  party.  The  commissioners  may  be  allowed 
a  reasonable  compensation  for  their  services,  to  be  fixed  by 
the  common  council  by  ordinance.  [Laws  1893,  p.  62. 

SEC.  8.  Report  of  commission  to  council. — Upon 
the  report  of  said  commissioners  being  filed  in  the  circuit  court, 
or  with  the  clerk  thereof,  the  court  shall  give  to  such  city, 
upon  application  of  the  city  counselor,  reasonable  time  to  report 
the  result  of  the  same  to  the  common  council  for  its  informa- 
tion and  approval,  during  which  time  no  action  will  be  had  in 
or  by  said  court  upon  said  report  ;  and  such  city  shall  have  the 
right,  at  any  time  before  the  final  confirmation  of  said  report, 
to  dismiss  and  withdraw  said  proceedings  on  payment  of  costs 
thereof  ;  should  the  city  dismiss  or  withdraw  any  proceedings 
for  condemnation  after  the  report  of  the  commissioners  has 
been  filed,  no  action  for  such  condemnation  shall  be  had  for  a 
period  of  three  years  next  thereafter,  unless  upon  the  petition 
of  the  owners  of  three-fourths  of  the  property  fronting  on  the 
line  of  the  proposed  improvement,  or  upon  payment  by  the  city 


118  ARTICLES  OF  INCORPORATION. 

of  the  entire  value  and  damages  such  as   aforesaid. 
1893,  p.  6%. 

SEC.  9.  Appropriation  to  pay  damages. —  When 
the  report  of  the  commissioners  shall  have  been  approved,  or 
final  action  taken  thereon  by  the  court,  the  clerk  of  the  circuit 
court  shall  make  a  certified  copy  of  the  report  and  the  final 
action  of  the  court  thereon,  and  deliver  the  same  to  the  city 
clerk,  who  shall  forthwith  record  the  same  in  a  book  to  be 
provided  for  the  purpose.  It  shall  be  the  duty  of  the  clerk,  as 
soon  as  the  same  is  recorded,  to  furnish  a  copy  thereof  to  the 
common  council,  and  the  common  council  shall,  at  its  first 
session  thereafter,  make  an  appropriation  for  the  payment  out 
of  the  city  treasury  of  the  amount  awarded  against  said  city,  or 
the  total  amounts  awarded,  as  the  council  may  deem  advisable, 
and  the  city  treasurer  shall  cause  the  same  to  be  paid  to  the 
parties  entitled  thereto,  respectively,  or  into  court  for  their  use, 
as  provided  by  ordinance.  Any  failure  of  the  common  council, 
within  the  time  above  stated,  to  make  such  appropriation,  shall 
operate  as  a  dismissal  of  such  proceedings,  and  no  future  action 
for  such  condemnation  shall  be  commenced  for  a  period  of  five 
years,  except  as  hereinbefore  provided  in  case  of  dismissal  by 
the  city.  [Laws  1893,  p.  62. 

SEC.   10.     Damages  to  be  paid  into  court,  when.— 

It  the  ownership  of  property  condemned  be  in  controversy,  the 
amount  of  the  damages  assessed  for  said  property  shall  be  paid 
into  the  court  for  the  use  of  the  successful  claimant  of  the 
property  :  Provided,  however,  that  as  soon  as  the  damages 
assessed  shall  have  been  paid  or  tendered  to  the  parties  entitled 
thereto,  respectively,  the  improvement  may  be  proceeded  with. 
[Laws  1893,  p.  62. 

SEC.  11.  Council  to  pass  ordinances  in  certain 
cases. — When  it  becomes  necessary  f@r  the  city  to  condemn 
private  property  for  other  and  different  public  uses  than  those 
already  specified  in  this  act,  the  common  council  shall  pass  an 
ordinance  to  that  effect,  which  shall  set  forth  the  purposes  for 


CHANGE  OF  GRADE — GRADING  STREETS. 


119 


which  said  property  is  required,  and  to  which  it  shall  be 
especially  dedicated.  The  value  and  damages  of  said  property 
shall  be  ascertained  in  the  same  manner  as  directed  in  this  act 
in  the  case  of  opening  streets,  and  the  same  shall  be  paid  by 
the  city  to  the  owner  or  owners  of  said  property.  [Laws  1893, 
p.  62. 

ARTICLE  XII. 
CHANGE  OF  ESTABLISHED  GRADE— GRADING  STREETS. 


SECTION 

1.  No  street  or  alley  to  be  graded  ex- 

cept when. 

2.  Ordinance  to  prescribe  beneficiary 

limits. 

3.  Ordinance  to  be  published. 

4.  Plat  to  be  furnished  mayor. 

5.  Proceedings,  by  whom  heard. 

6.  Notice  of  time  for  assessing  dam- 

ages, etc. 

7.  Appointment  of  commissioners. 

8.  Duties  of  commissioners,  verdict, 

what  to  contain. 


SECTION 

9.    Verdict  may  be  set  aside,  etc. 

10.  Judgment,  proceedings  to  enforce. 

11.  Appeals,  when  taken,  etc. 

12.  Proceedings  to  conform  to  practice 

in  civil  cases. 

13.  Grading  may  be  commenced,  when. 

14.  Proceedings  exclude  other  reme- 

dies, etc. 

15.  Ordinances  may  be  repealed.effect. 

16.  Treasurer  to  receive  and  receipt 

for  benefit  assessments. 


SECTION  1.  IVo  street  or  alley  to  be  graded  except 
on  petition  of  property  holders. — The  established  grade 
of  any  street,  avenue,  alley,  or  any  part  thereof,  which  shall 
hereafter  be  by  ordinance  changed  from  such  established 
grade,  shall  not  be  graded  to  such  changed  grade  except  as 
hereinafter  provided,  unless  the  property  owners  to  be  dis- 
turbed thereby  shall  sign  a  petition  therefor,  in  which  each 
shall  waive  all  claims  for  damages  on  account  thereof.  \_R.  S. 
1889,  Sec.  1408. 

SEC.  2.  Ordinance  to  prescribe  beneficiary  lim- 
its.— When  any  ordinance  shall  be  passed  ordering  the  grading 
or  regrading  of  any  street,  avenue,  alley,  or  any  part  thereof, 
to  such  changed  grade,  the  common  council  shall,  in  the  same 
ordinance,  determine  and  prescribe  the  limits  within  which 
private  property  is  benefited  by  the  proposed  grading  to  the 
grade  so  changed.  [R.  S.  1889,  Sec.  1409. 

SEC.  3.  Ordinance  to  be  published. — The  city  clerk 
or  the  mayor  shall,  at  the  cost  of  the  city,  cause  to  be  pub- 


120  ARTICLES  OF  INCORPORATION. 

lished  a  copy  of  said  ordinance  within  twenty  days  from  the 
taking  effect  of  the  same,  in  some  newspaper  printed  and  pub- 
lished in  the  city,  in  each  issue  of  such  paper  for  ten  successive 
issues.  [B.  S.  1889,  Sec.  1410. 

SEC.  4.  Plat  to  be  furnished  mayor. — Within 
thirty  days  after  the  passage  of  the  ordinance,  the  city  engineer, 
or  if  there  be  none,  the  county  surveyor,  shall  furnish  the 
mayor  or  city  clerk  a  map  or  plat  containing  a  correct  descrip- 
tion of  the  several  lots  or  parcels  of  private  property  in  the 
benefit  limits  prescribed  in  said  ordinance.  \_B.  8.  1889, 
Sec.  1411. 

SEC.  5.  Proceedings,  by  whom  heard. — The  pro- 
ceedings hereinafter  provided  for  may  be  heard  by  the  circuit 
court  in  term  time,  or  by  a  judge  thereof  in  vacation,  and  a 
complete  record  thereof  shall  be  kept  in  either  case.  [B.  S. 
1889,  Sec.  1412. 

SEC.  6.  Notice  of  time  for  assessing  damages, 
etc. — When  the  mayor  or  other  city  officer  shall  file  a  certified 
copy  of  said  ordinance  in  the  circuit  court  or  with  the  clerk 
thereof,  such  court  or  judge  thereof  shall  fix  a  day  and  place 
for  assessing  the  damages  and  benefits  to  arise  from  the  pro- 
posed grading,  and  shall  make  an  order  reciting  the  ordi- 
nance, and  said  order  shall  be  directed  to  all  persons  whom  it 
may  concern,  without  naming  them,  notifying  them  of  the 
place  and  the  day  fixed  for  the  ascertaining  of  damages  and 
benefits  to  arise  from  such  grading.  A  copy  of  such  order 
shall  be  published  in  each  issue  of  some  newspaper  of  general 
circulation  printed  and  published  in  the  city,  for  two  successive 
weeks,  the  last  insertion  to  be  not  more  than  one  week  prior 
to  the  date  so  fixed  for  said  hearing;  said  cause  may  be  con- 
tinued or  postponed  from  time  to  time  No  notice  of  said 
proceedings  shall  be  necessary  except  as  herein  provided,  and 
proof  of  publication  of  such  order  may  be  made  by  the  affida- 
vit of  any  editor  or  person  connected  with  the  newspaper.  On 
or  before  the  day  set  for  the  hearing,  any  person  claiming 


CHANGE  OF  GRADE  —  GRADING  STREETS.  121 

damages  by  reason  of  the  proposed  grading  may  file  or  cause 
to  be  filed  with  the  clerk  of  said  court  a  description  of  the 
property  claimed  to  be  damaged,  and  the  interest  of  the  claim- 
ant therein.  The  clerk  shall  note  the  filing  of  every  such 
claim  as  a  part  of  the  record  in  said  cause.  [R.  S.  1889,  Sec. 


SEC.  7.     Appointment  of  commissioners.  —  On  the 

day  set  for  the  hearing,  if  the  copy  of  the  order  has  been  duly 
published  as  herein  required,  the  judge  or  court  shall  appoint 
and  cause  to  be  impaneled  a  board  of  six  commissioners,  who 
shall  be  disinterested  freeholders,  and  allowed  the  same  fees  as 
jurors  are  allowed  for  their  services.  [R.  S.  1889,  Sec. 


SEC.  8.  Duties  of  Commissioners  —  verdict,  what 
to  contain.  —  The  commissioners  provided  for  in  the  preced- 
ing section  shall  be  sworn  to  ascertain  and  report  the  actual 
damages  or  just  compensation  to  be  paid  in  each  case  sep- 
arately, as  well  as  the  benefits  to  be  assessed  under  such 
instructions  as  shall,  after  hearing  the  parties,  be  given  them 
by  the  judge  or  court.  Parties  interested  may  submit  proof 
to  the  commissioners,  and  said  commissioners  shall  examine, 
personally,  each  piece  of  property  described  on  such  map  or 
plat,  and  all  property  claimed  to  be  damaged  by  such  proposed 
grading.  The  commissioners  shall  ascertain  and  state  in  their 
report  or  verdict:  First,  the  amount  of  actual  damages  to 
each  piece  of  private  property  that  will  be  damaged  by  reason 
of  the  proposed  grading,  having  due  regard  to,  and  making 
just  allowance  for,  all  benefits  to  such  piece  of  property  from 
such  grading,  and  when  the  damages  to  any  piece  of  property 
do  not  exceed  the  benefits  thereto  from  the  proposed  improve- 
ment, the  commissioners  shall  not  report  any  allowance  of 
damage  to  such  piece  ;  second,  if  the  commissioners  shall  find 
tint  private  property  is  actually  damaged  by  reason  of  pro- 
posed improvement,  to  pay  the  total  amount  of  such  damages 
allowed,  they  shall  first  assess  against  the  city  such  sum  as  is 
«qual  to  the  amount  of  benefit  that  the  city  at  large  will  receive 


122  ARTICLES  OF  INCORPORATION. 

from  the  proposed  improvement,  and  the  balance  of  the  sum 
so  awarded  as  damages,  and  not  assessed  against  the  city,  the 
commissioners  shall  assess  against  private  property,  within  the 
benefit  limits  prescribed  in  the  ordinance,  but  excluding  from 
such  assessment  any  piece  of  private  property  to  which  dam- 
ages are  awarded  on  account  of  the  proposed  improvement, 
and  no  piece  of  private  property  shall  be  assessed  with  bene- 
fits in  any  amount  in  excess  of  the  actual  benefits  which  the 
same  will  receive  by  reason  of  the  proposed  improvement. 
If  the  commissioners  cannot  agree,  the  judge  or  court  may 
discharge  them,  and  may  proceed  to  impanel  another  board, 
but  the  order  to  impanel  a  new  board  of  commissioners  must 
be  made  on  the  day  of  discharging  any  board  of  commissioners, 
and  must  name  the  time  and  place  for  impaneling  a  new 
board.  [R.  S.  1889,  Sec. 


SEC.  9.  Verdict  may  be  set  aside,  etc.  —  The  ver- 
dict of  the  board  of  commissioners  shall  be  signed  by  each 
commissioner,  and  delivered  to  the  judge  or  court  on  the  day 
fixed  for  such  report,  at  the  hearing  of  the  matter,  unless  said 
commissioners  are  granted  further  time  by  the  judge  or  court  ; 
said  report  or  verdict  shall  contain  a  correct  description  of 
each  lot  or  parcel  of  property  damaged,  the  names  of  the  claim- 
ants and  the  amount  of  damages  thereto  ;  also  the  amount 
of  benefit  assessed  against  the  city,  together  with  a  correct 
description  of  each  lot  or  parcel  of  private  property  assessed 
with  benefit,  and  the  amount  assessed  against  the  same.  The 
city  engineer,  or  if  there  be  none,  then  the  surveyor  of  the 
county,  shall,  when  requested  by  the  judge,  put  the  verdict  or 
report  in  proper  form.  The  judge  may,  on  his  own  motion  or 
on  the  motion  of  the  city,  or  any  party  interested  in  the  pro- 
ceeding, for  good  cause,  set  aside  the  verdict  or  report  of  any 
board  of  commissioners,  and  thereupon  appoint  a  new  board 
to  perform  the  duties  in  this  article  prescribed,  and  fix  a  time 
and  place  for  impaneling  another  board  and  a  rehearing  of  the 
whole  matter.  The  court  costs,  up  to  and  including  the  judg- 


CHANGE  OF  GRADE — GRADING  STREETS.  123 

merit  and  the  costs  of  publishing  notice  herein  required,  shall 
be  paid  by  the  city.  [B.  S.  1889,  Sec.  1416. 

SEC.   10.     Judgment,  proceedings  to  enforce. — 

The  verdict  or  report  shall,  unless  set  aside,  be  confirmed  and 
judgment  entered  thereon,  that  the  city  pay  the  damages 
assessed  therein,  and  that  the  city  recover  the  respective 
amounts  assessed  against  private  property,  and  that  the  several 
lots  or  parcels  of  private  property  so  assessed  to  pay  compen- 
sation by  the  verdict  or  report  stand  severally  charged  and 
be  bound  for  the  payment  of  the  respective  assessments,  also 
the  interest  and  costs  that  may  accrue  thereon.  Such  judg- 
ment may  be  enforced  by  a  special  execution  if  the  same  is  not 
paid,  or  as  to  the  portion  not  paid.  The  judgment  as  to  bene- 
fits assessed  against  private  property  shall  bear  Interest  at  the 
rate  of  ten  per  cent  per  annum,  unless  appealed  from,  but  in 
case  of  appeal,  interest  shall  be  charged  only  from  date  of 
affirmance  of  the  judgment  or  dismissal  of  the  appeal  in  the 
appellate  court.  The  execution  herein  authorized  shall  be 
deemed  sufficient  if  it  recites  the  date  of  the  judgment,  the 
amount  assessed  against  each  tract  described  therein,  and  states 
that  such  tract  or  tracts  were  assessed  to  pay  compensation  for 
damage  to  private  property,  for  grading  of  a  street,  alley  or 
part  thereof,  as  the  case  may  be,  giving  the  title  and  date  of 
the  approval  of  the  ordinance  ordering  such  grading,  and  com- 
mand the  officer  to  whom  such  execution  is  directed  to  sell 
each  tract  or  parcel  of  property  therein  described,  or  so  much 
thereof  as  may  be  necessary  to  satisfy  the  assessment,  and 
interest  and  costs  due  thereon.  [B.  S.  1889,  Sec.  1417. 

SEC.  11.  Appeals,  when  taken,  etc. — Any  party 
aggrieved  by  the  judgment  may  take  an  appeal  therefrom  by 
filing  such  an  affidavit  as  is  required  in  appealing  civil  cases  ; 
however,  -such  appeal  shall  be  perfected  within  thirty  days 
from  the  delivery  of  the  verdict  or  report.  In  case  of  appeal, 
the  judgment  shall  stand  suspended  until  the  appeal  is  dis- 
posed of.  No  writ  of  error  shall  be  allowed.  The  clerk  of 


124  ARTICLES  OF  INCORPORATION. 

the  appellate  court  shall  put  such  case  upon  the  docket  for 
hearing  at  the  next  term  of  that  court  after  the  appeal  is 
allowed.  No  error  or  defect  not  affecting  the  rights  of  the 
appellant  shall  work  a  reversal  of  the  judgment.  [JR.  8.  1889, 
Sec.  1418. 

SEC.  12.  Proceedings  to  conform  to  practice  in 
civil  cases.  —  The  proceedings  herein  shall,  in  all  respects  not 
herein  provided  for,  conform  as  near  as  may  be  to  the  prac- 
tice and  procedure  in  civil  cases,  including  the  sale  under  exe- 
cution and  the  making  of  deeds  to  purchasers.  \_R.  8.  1889, 
Sec.  1419. 

SEC.  13.     Grading  may   be   commenced,   when. 

If  the  verdict  or  report  of  the  commissioners  shall  declare  that 
no  damage  will  result  to  private  property  from  the  proposed 
grading,  or  if  damages  assessed  by  such  verdict  or  report  shall 
be  paid  to  the  owners  or  into  court  for  them,  the  city  author- 
ities may  proceed  to  cause  the  grading  to  be  done  according  to 
the  ordinance.  Payment  to  the  clerk  of  the  court  shall  be 
deemed  a  payment  into  court  of  any  damages  assessed.  When 
damages  are  assessed  to  any  piece  or  parcel  of  private  prop- 
erty and  paid  into  court,  the  right  to  such  damages,  if  there  be 
more  than  one  claimant,  may  be  determined  by  the  court  on 
motion  of  any  party  claiming  an  interest  therein,  but  the  costs 
resulting  from  such  motion  shall  not  be  assessed  against  the 
city.  [R.  S.  1889,  Sec. 


SEC.  14.  Proceedings  exclude  other  remedies, 
etc.  —  The  proceeding  herein  prescribed  for  ascertaining 
damages  or  compensation  to  private  property  from  grading  of 
streets,  avenues,  alleys  or  parts  thereof,  shall  be  taken  and  held 
by  the  courts  as  excluding  every  other  method  and  remedy  for 
such  ascertainment.  Any  person  failing  to  receive  an  award  of 
damages  in  the  proceeding  herein  authorized  shall  be  held 
concluded  by  the  verdict  or  report  of  the  commissioners  and 
the  judgment  thereon.  And  such  verdict  or  report  shall,  in 
every  other  proceeding,  legal  or  equitable,  be  taken  and  held 


GRADING  AND  PAVING  STREETS.  125 

as  conclusive  as  to  what  property  will  be  damaged  and  bene- 
fited, or  either,  and  the  extent  thereof,  by  the  proposed 
grading,  subject  to  review  only  as  herein  allowed.  \_R.  8. 
1889  Sec. 


SEC.   15.     Ordinance  may  be  repealed,  effect.  - 

The  common  council  shall  have  power  at  any  time  within  six 
months  after  the  conclusion  of  said  proceeding,  to  repeal  the 
ordinance  ordering  the  proposed  grading,  if  they  deem  such 
repeal  to  the  best  interests  of  the  city,  and  in  such  event  the 
judgment  for  damages  and  benefits  shall  become  void,  and  the 
city  shall  return  the  amount  of  benefit  of  assessments  paid,  if 
any,  to  the  person  who  paid  the  same.  [JR.  8.  1889,  Sec.  11$2. 

SEC.  16.  Treasurer  or  collector  to  receive  or 
receipt  for  benefit  assessments.  —  It  shall  be  the  duty  of 
the  city  treasurer  or  collector  to  receive  the  benefit  assessments 
on  private  property  at  any  time  after  the  conclusion  of  the 
proceeding,  before  the  issuance  of  execution  ;  and  he  shall  give 
triplicate  receipts  therefor,  one  of  which  shall  be  filed  with  the 
city  auditor  and  one  with  the  comptroller  of  the  city.  It  shall 
be  the  further  duty  of  the  treasurer  or  collector  to  acknowledge 
satisfaction  of  any  such  assessment  paid  to  him  on  the  margin  of 
the  judgment  record.  [R.  S.  1889,  Sec.  1J$3. 

ARTICLE  XIII. 

GRADING  AND  PAVING  STREETS. 

SECTION  SECTION 

1.  Grading  and  paving  of  streets,  etc.  7.    Council  to  prescribe  width  of  side- 

2.  Cost,  how  apportioned.  walks,  etc. 

3.  Property  to  be  charged  with  costs.  8.    Proceedings  on  petition   for   im- 

4.  Tax  bill  to  be  lien  on  property.  provements. 

5.  Sidewalks.  9.    Contractors  to  give  bond. 

6.  What  costs  paid  out  of  revenue. 

SECTION  1.     Of  the  grading  of  streets,  etc.  —  The 

common  council  shall  have  power  to  cause  to  be  graded,  con- 
structed, reconstructed,  paved,  or  otherwise  improved  and 
repaired,  all  streets,  sidewalks,  alleys  and  public  highways  or 


126  ARTICLES  OF  INCORPORATION. 

parts  thereof,,  within  the  city,  at  such  time  and  to  such  extent, 
and  of  such  dimensions,  and  with  such  materials,  and  in  such 
manner  and  under  such  regulations  as  shall  be  provided  by 
ordinance  ;  and  all  ordinances  and  contracts  for  such  work  shall 
specify  how  the  work  shall  be  paid  for;  and  in  case  payment  is  to 
be  made  in  special  tax  bills,  the  city  shall  in  no  event,  nor  in  any 
manner  whatever, be  liable  for  or  on  account  of  work, except  as  is 
otherwise  provided  for  in  the  following  section  :  Provided, 
however,  that  no  street,  avenue,  alley  or  public  highway,  or 
any  part  thereof,  shall  be  graded,  constructed,  reconstructed, 
paved  or  macadamized  at  the  expense  of  property  holders 
owning  the  property  fronting  on  such  street, avenue,  alley,  or  pub- 
lic highway,  unless  a  majority  of  the  resident  real  estate  owners 
in  front  feet  on  such  street,  avenue,  alley  or  public  highway,  or 
the  part  thereof  proposed  to  be  graded,  constructed,  recon- 
structed, paved  or  macadamized,  shall  petition  the  common 
council  to  have  such  street,  avenue,  alley  or  public  highway 
graded,  constructed,  reconstructed,  paved  or  macadamized: 
Provided,  however,  no  petition  shall  be  required  for  constructing 
or  repairing  any  sidewalks  or  curbing  or  guttering  along  side 
thereof,  or  for  repairing  the  paving  or  macadamizing  of  any 
street  or  avenue.  \_R.  8.  1889,  Sec.  1404. 

SEC.  2.  Cost,  how  apportioned. — The  cost  of  all 
the  work  -mentioned  in  the  last  section,  except  as  otherwise 
provided  in  this  article,  shall  be  apportioned  as  follows, 
namely  :  The  cost  of  all  work  on  any  sidewalk,  including  curb- 
ing and  guttering  alongside  thereof,  and  of  all  work  on  any 
alley,  shall  be  charged  as  a  special  tax  upon  the  adjoining 
land,  according  to  the  frontage  thereof  on  the  sidewalk  or 
alley.  The  cost  of  all  work  on  streets,  avenues  and  highways, 
or  any  part  thereof,  except  as  hereinafter  provided,  shall  be 
charged  as  a  special  tax  on  lands  on  both  sides  of  and  adjoin- 
ing the  street,  avenue  or  highway,  or  part  thereof,  except, 
however,  that  the  cost  of  grading  any  street,  avenue 
or  highway,  exclusive  of  grading  the  sidewalks  thereto, 


GRADING  AND  PAVING  STREETS.  127 

shall  be  charged  as  a  special  tax  on  all  the  property  on 
both  sides  of  such  street,  avenue  or  highway,  or  part  thereof, 
graded  within  the  following  limits,  namely  :  In  case  any 
of  the  land  fronting  on  the  street,  avenue  or  highway, 
or  part  thereof,  graded,  be  laid  off  into  lots  and  blocks,  the 
property  so  laid  oft  from  the  line  of  the  street,  avenue  or 
highway,  back  to  the  center  line  of  block  or  blocks,  shall  be  so 
charged,  whether  fronting  on  the  street,  avenue  or  highway  or 
not;  nevertheless,  the  common  council  shall  have  power,  by 
ordinance,  to  prescribe  that  such  property  shall  not  be  charged 
beyond  the  alleys  in  such  blocks,  if  deemed  just  and  equitable; 
and  in  case  any  land  fronting  on  such  street,  avenue  or  highway, 
or  part  thereof,  graded,  be  not  laid  off  into  lots  and  blocks,  then 
the  property  not  so  laid  off  and  the  property  in  the  rear  thereof, 
on  the  line  of  the  street,  avenue  or  highway,  or  part  thereof, 
graded  back  one  hundred  and  fifty  feet,  shall  be  so  charged, 
whether  fronting  on  the  street  or  not ;  and  property  liable  for 
such  grading  shall  be  charged  according  to  the  value  thereof, 
exclusive  of  improvements  thereof,  as  provided  in  the  next 
succeeding  section  ;  and  in  case  of  question  on  the  part  of  the 
assessor  or  engineer  as  to  whether  any  lands  fronting  on  the 
street,  avenue  or  highway,  or  part  thereof,  be  laid  off  in  lots 
and  blocks  or  not,  within  the  meaning  of  this  section,  the 
common  council  shall,  or  on  its  own  motion,  deeming  that  such 
question  exists,  may,  by  ordinance,  for  the  guidance  of  the 
assessor  or  engineer  in  making  out  special  tax  bills, and  charging 
the  property  to  that  end,  determine  whether  or  not  any 
particular  land  or  lands  fronting  on  the  street,  avenue  or 
highway,  or  part  thereof,  graded,  be  or  not  laid  off  into  lots  and 
blocks  within  the  meaning  of  this  section,  and  such  determina- 
tion shall  be  conclusive  on  all  parties  interested  for  all  purposes; 
and  the  cost  of  all  work  mentioned  in  the  last  section  done  on 
spaces  fronting  on  any  street,  avenue,  highway  or  alley  shall 
be  deemed  part  of  the  cost  of  the  work  done  on  other  spaces 
under  the  same  ordinance  and  contract,  and  be  charged  and 
paid  accordingly  :  Provided,  the  owner  of  any  lot  or  parcel 


128  ARTICLES  OF  INCORPORATION. 

of  ground  fronting  on  such  street  shall,  within  ten  days  after 
the  letting  of  the  contract  for  such  work,  notify  the  city  engineer, 
in  writing,  that  he  desires  to  pay  for  such  work  in  five  annual 
payments,  then  the  city  engineer  shall  make  out  five  separate 
special  tax  bills,  each  for  one-fifth  part  of  the  cost  of  such  work, 
bearing  interest  as  aforesaid,  which  rate  shall  be  fixed  in  each 
case  by  ordinance — each  payment  to  bear  not  to  exceed  ten  per 
cent  interest  from  date  of  issue  to  date  of  payment,  which  rate 
shall  be  fixed  by  ordinance — said  interest  payable  semi-annually 
on  the  first  days  of  February  and  July  of  each  year  at  the  office 
of  the  city  treasurer ;  and  if  default  is  made  in  payment  of 
interest  due  on  either  of  said  days,  then  the  principle  and  interest 
due  on  such  special  tax  bills  shall  become  then  and  there  due 
and  payable,  and  may  be  collected  as  provided  in  section  1407. 
[R.  S.  1889,  Sec.  1405. 

SEC.  3.     Property   to   be   charged  with   costs.— 

After  a  contract  has  been  made  for  the  grading  of  any  street, 
avenue  or  highway,  or  part  thereof,  exclusive  of  grading  the 
sidewalks  thereon,  the  common  council  shall,  by  ordinance, 
cause  an  assessment  to  be  made  of  the  value  of  all  the  prop- 
erty to  be  charged  with  the  cost  thereof,  exclusive  of  the 
improvements  thereon,  by  the  city  assessor,  which  assessment 
shall  be  delivered  to  the  city  engineer,  and  when  such  grading 
shall  be  completed,  the  city  engineer  shall  compute  the  cost 
thereof,  and  apportion  such  cost  among  the  several  lots  or 
parcels  of  property  to  be  charged  therewith,  according  to  the 
value  thereof  fixed  by  the  city  assessor  as  aforesaid,  and  charge 
each  lot  or  parcel  of  property  with  its  proper  share  of  such 
cost :  Provided,  That  the  common  council  shall  have  power, 
by  ordinance,  in  case  they  shall  deem  it  best  for  the  public 
interest,  to  cause  to  be  graded  any  street,  alley  or  avenue 
within  the  city  limits  at  the  expense  of  the  city.  When  any 
work  other  than  grading  as  last  aforesaid  shall  be  completed 
under  authority  of  section  1404,  the  city  engineer  shall  com- 
pute the  cost  thereof  and  apportion  the  same  among  the  several 


GRADING  AND  PAVING  STREETS.  129 

lots  or  parcels  of  land  to  be  charged  therewith,  and  charge  each 
lot  or  parcel  of  property  with  its  proper  share  of  such  cost, 
according  to  the  frontage  of  the  property.  The  city  engineer 
shall,  after  so  apportioning  and  charging  the  cost  of  any  work, 
make  out  and  specify  special  tax  bills  according  to  such  appor- 
tionment, and  charge  the  same  in  favor  of  the  contractor,  to  be 
paid  against  the  several  lots  or  parcels  of  land  charged,  and 
register  the  same  in  full  in  his  office,  and  deliver  such  bills  to 
the  party  in  whose  favor  issued  for  collection,  and  take  his 
receipt  therefor,  at  the  foot  of  the  register  thereof,  in  full  of 
all  claims  against  the  city  on  account  of  said  work.  Each  tax 
bill  shall  contain  a  description  of  the  lot  or  parcels  of  land 
against  which  it  is  issued,  full  and  correct  enough  to  identify 
the  same.  [It.  8.  1889,  Sec.  1406. 

SEC.  4.     Tax  bill  to  be  lien  on  property. — Every 

such  tax  bill  shall  be  a  lien  on  the  property  therein  described,, 
against  which  the  same  may  be  issued  on  the  date  of  the  receipt 
to  the  city  engineer  therefor,  and  such  lien  shall  continue  for 
two  years  after  maturity  thereof,  but  no  longer,  unless  suit  be 
brought  to  collect  the  same  within  two  years,  in  which  case  the- 
lien  shall  continue  until  the  determination  of  the  legal  pro- 
ceedings to  collect  the  same,  including  any  sale  of  the  prop- 
erty charged,  and  each  tax  bill  shall  bear  interest  from  its 
issue,  at  the  rate  of  ten  per  cent  per  annum,  if  not  paid  in 
thirty  days  after  the  issue  thereof.  Every  tax  bill,  and  the 
lien  thereof,  shall  be  assignable,  and  any  such  tax  bill,  with 
interest  as  aforesaid,  may  be  collected  by  suit  by  the  con- 
tractor to  whom  issued,  in  his  own  name,  or  by  an  assignee 
thereof  in  his  name,  in  any  court  of  competent  jurisdiction. 
No  such  tax  bill  need  give  the  name  of  any  party  owning  or 
interested  in  the  land  charged  and  bound  by  him,  and  before 
the  suit  the  owner  of  any  part  or  severalty  or  undivided 
interest  in  any  land  charged  by  any  tax  bill  may  pay  his  share 
separately,  in  which  case  his  interest  shall  not  be  further  liable 
in  case  of  suit ;  all  such,  or  any  of  the  owners  of  the  land. 


130  ARTICLES  OF  INCORPORATION. 

charged,  or  of  any  interest  or  estate  therein,  may  be  made 
defendants,  but  only  the  right,  title,  interest  and  estate  of  the 
parties  made  defendants  in  any  suit  shall  be  affected  or  bound 
thereby  or  by  the  proceedings  therein.  In  case  any  owner  of  the 
ground  or  of  any  interest  therein  is  unknown,  or  a  non-resident 
of  the  state,  suit  may  be  brought  against  such  owner  separately, 
or  together  with  others,  and  such  non-resident  or  unknown  owner 
shall  be  brought  in  by  an  order  or  notice  against  such  owner, 
published  as  in  ordinary  suit  to  enforce  a  lien  against  land. 
It  shall  be  sufficient  for  the  plaintiff  to  plead  the  making  and 
issue  of  the  tax  bill  sued  on,  giving  date  and  contents  thereof, 
.and  assignment  thereof,  in  case  of  assignment,  filing  the  same, 
and  allege  that  the  party  or  parties  made  defendants,  own  or 
-claim  to  own  the  land  charged,  or  some  estate  cr  interest 
therein,  as  the  case  may  be.  Such  certified  bill  shall,  in  any 
action  thereon,  be  prima  facie  evidence  of  the  validity  of  the 
bill,  of  the  doing  of  the  work,  and  of  the  furnishing  of  the 
materials  charged  for,  and  of  the  liability  of  the  property  to  the 
charge  stated  in  the  bill:  Provided,  that  nothing  in  this  sec- 
tion shall  be  so  construed  as  to  prevent  any  defendant  from 
pleading  in  reduction  of  the  bill,  any  mistake  or  error  in  the 
amount  thereof,  or  that  the  work  therein  mentioned  is  not 
done  in  a  good  and  workmanlike  manner:  And  provided 
further,  that  if  any  party  shall  set  up  by  way  of  defense  that 
the  work  was  not  done  in  a  workmanlike  manner,  according  to 
the  class  of  work  mentioned  in  the  contract,  and  that  such  party, 
before  the  commencement  of  the  suit,  tendered  to  the  contrac- 
tor or  other  holder  of  the  bill,  the  full  value  of  the  work  done, 
and  shall  establish  the  same  on  the  trial,  the  recovery  shall 
only  be  for  th'e  amount  so  tendered,  and  judgment  for  cost 
shall  be  rendered  against  the  plaintiff ;  but  no  suit  on  any  bill 
shall  be  defeated  or  affected  by  any  irregularity  affecting  only 
other  bills,  or  matter  rendering  any  other  bill  invalid  in  whole 
or  in  part.  In  a  suit  on  any  tax  bill,  the  judgment  shall  be 
special  and  that  the  plaintiff  recover  the  amount  found  due, 
including  interest,  to  be  levied  of  the  land  described  in  the  bill, 


GRADING  AND  PAVING  STREETS.  131 

and  a  special  execution  shall  issue  to  sell  the  land  to  pay  such 
judgment,  interest  and  costs,  and  the  judgment  shall  bear 
interest  at  the  same  rate  as  the  tax  bill.  When  the  amount 
due  on  any  tax  bill  does  not  exceed  three  hundred  dollars, 
suit  may  be  brought  thereon  before  any  justice  of  the  peace  in 
said  city,  as  in  other  civil  cases,  and  such  justice  of  the  peace 
may  render  a  special  judgment  as  aforesaid,  but  to  enforce  the 
same  a  transcript  of  such  judgment  shall  be  filed  in  the  office 
of  the  clerk  of  the  circuit  court  of  such  county  where  such  city 
is  located,  and  be  recorded,  docketed  and  indexed  as  a  judg- 
ment of  that  court,  whereupon  an  execution  may  be  issued  out 
of  that  court,  the  same  as  if  the  judgment  had  been  rendered 
in  that  court.  Proceedings  on  special  executions  or  judgments 
on  such  tax  bills  shall,  including  making  of  deeds  to 
purchasers,  conform  as  far  as  practicable  to  the  proceedings  on 
other  special  executions  from  the  circuit  court.  "  Any  such 
special  judgment  shall  bind  all  the  right,  title,  interest  and 
estate  in  the  land  that  defendants,  and  each  of  them,  owned 
at  the  time  the  lien  of  the  tax  bill  commenced,  or  acquired 
afterward,  and  a  sale  on  execution  thereon  shall  vest  all  of 
such  right,  title,  interest  and  estate  in  the  purchaser,  and  dis- 
charge the  lands  from  any  liens  or  incumbrances  thereon .;  but 
parties  interested  in  the  land,  not  made  defendants,  shall  not 
be  affected  thereby,  and  if  they  claim  through  or  under  any 
parties  defendant,  prior  to  suit  brought,  may  redeem  from  the 
purchaser,  or  otherwise  assert  their  rights,  according  to  equity 
and  good  conscience.  On  the  presentation  to  the  city  engi- 
neer of  any  special  tax  bill,  receipted  or  paid,  he  shall  note  the 
fact  on  the  registry  thereof,  and  such  entry  shall  be  evidence 
of  payment  as  stated.  In  case  the  owner  of  any  undivided 
interest  or  particular  estate  in  any  land  charged  be  compelled 
by  suit  to  pay,  on  account  of  any  such  tax  bill,  more  than  he 
ought  equitably  to  pay,  as  between  him  ami  others  interested 
in  the  property,  such  cwner  shall  be  subrogated  to  the  lien  of 
such  tax  bill,  and  may,  by  proper  proceedings  in  any  court  of 
competent  jurisdiction,  enforce  such  lien,  and  have  the  equities 


132  ARTICLES  OF  INCORPORATION. 

between  such  owner  so  paying  and  such  other  owners  or  parties 
interested  in  the  land  adjusted,  .though  such  other  owners  or 
parties  interested  were  not  parties  defendant  to  the  original 
suit  on  the  bill,  and  though  such  subsequent  proceedings  be 
commenced  after  the  expiration  of  two  years  from  the  issue  of 
the  bill,  or  the  party  so  paying  shall  be  entitled  to  contribu- 
tion or  repayment  from  others,  according  to  equity,  without 
enforcing  the  lien.  [7?.  S.  1889,  Sec.  1407. 

SEC.  5.  Sidewalks. — Owners  or  occupants  of  real 
property  may  be  required  to  make,  according  to  rules  and  reg- 
ulations prescribed  by  ordinance,  repairs  of  sidewalks,  curbing 
and  guttering,  or  either,  in  front  of  their  property  and  on  the 
adjoining  side  of  the  street  or  avenue.  In  such  repairs  may  be 
included  the  keeping  in  good  order  and  proper  place  any  of 
the  improvements,  and  also  cleaning  or  removing  therefrom 
ice,  snow,  earth  or  other  substances.  Such  rules  and  regula- 
tions shall  be  deemed  police  regulations,  and  violations  thereof 
may  be  punished  accordingly  by  fine  or  imprisonment.  [/?.  /S. 
1889,  Sec.  1272. 

SEC.   6.     What  costs  paid   out   of  revenue. — The 

cost  of  repairing  and  keeping  in  repair  the  paving  and  macad- 
amizing of  all  streets  and  avenues  shall  be  paid  out  of  the 
general  revenue  of  the  city.  The  cost  of  repairing  the  pave- 
ment or  planking  of  any  sidewalk,  or  any  curbing  and  guttering 
alongside,  shall,  when  done  by  the  city,  be  charged  to  the 
particular  lot  or  lots  or  parcel  of  land  fronting  on  the  spot 
where  such  may  be  made,  and  adjoining  that  side  of  the  street 
or  avenue  where  such  spot  may  be.  The  common  council  may, 
in  its  own  discretion,  by  ordinance,  provide  for  giving  owners 
of  property  liable  to  be  charged  with  the  cost  of  paving  and 
planking  sidewalks,  and  curbing  and  guttering  along  side,  and 
repairing  the  same*  reasonable  time  and  opportunity  to  do  or 
cause  to  be  done  the  work  necessary,  or  of  any  such  work, 
under  such  regulations  as  may  be  prescribed  therefor,  at  their 
own  expense.  The  costs  of  repairing  the  pavement  or  planking 


GRADING  AND  PAYING  STREETS.  133 

any  sidewalks  or  curbing  or  guttering  shall,  when  not  done  by 
the  owner  of  the  property  liable  therefor  in  the  first  instance, 
be  paid  out  of  the  general  revenue  of  the  city  ;  but  the  city 
engineer  shall  compute,  apportion  and  charge  on  the  property 
liable  the  cost  of  such  repairing  done  at  each  spot,  and  make 
out  in  favor  of  the  city  a  special  tax  bill  against  each  lot  or 
parcel  of  land  liable  for  the  cost,  which  bill  shall  be  registered 
and  collected,  as  provided  in  section  1407,  by  and  in  the  name 
of  the  city,  and  be  subject  to  the  defenses  in  that  section  pro- 
vided ;  and  when  collected,  the  money  shall  be  paid  into  the 
city  treasury  to  the  credit  of  the  general  revenue.  The  com- 
mon council  may,  by  general*  ordinance,  empower  the  city 
engineer  to  require  in  his  discretion,  the  repairs  last  men- 
tioned to  be  made,  and  to  make  or  cause  the  same  to  be  made 
for  or  on  account  of  the  city,  as  he  may  deem  best  ;  or  it  may 
direct  by  general  contract  or  special  contract  for  each  job  of 
repairing  entered  into,  without  letting  the  same  to  the  lowest 
and  best  bidder,  as  in  case  of  other  work,  or  otherwise. 
[R.  S.  1889,  Sec.  1424. 

SEC.  7.     Council  to  prescribe  width  of  sidewalks, 

etc. — The  common  council  shall,  before  any  street  or  avenue, 
or  part  thereof,  be  improved,  determine  the  width  of  side- 
walks thereon,  and  may,  in  its  discretion,  provide  for  grading 
the  whole  width  of  the  street  or  avenue,  including  sidewalks, 
under  the  same  contract  ;  but  in  such  case  the  cost  of  work  on 
sidewalks  shall  be  computed  separately  ;  and  all  work  under 
the  contract  shall  be  apportioned,  charged  and  paid  for  as  pro- 
vided in  this  article  for  each  kind  of  work.  The  work  done  in 
constructing,  partially  or  wholly,  any  street  or  avenue,  may 
be  protected  from  surface  water  by  temporary  drains  or  cul- 
verts put  in  under  the  direction  of  the  city  engineer,  or  other 
officer  in  charge  of  or  superintending  the  work,  or  otherwise, 
as  provided  by  ordinance ;  and  the  same  may  be  closed, 
removed  or  altered  at  will,  and  the  city  shall  not  be  liable  for 
damage  resulting  to  private  property  from  insufficiency  or  want 
of  repair  of  such  drains  or  culverts,  or  in  respect  thereof  in 


134  ARTICLES  OF  INCORPORATION. 

any  way.  When  the  city  owns  in  fee  simple  absolute  any 
lot  or  parcel  of  land  liable  to  be  charged  for  work  by  special 
tax  bill,  and  in  any  case  of  improvement  alongside  of  a  public 
square,  or  other  place  held  for  public  use  other  than  a  street, 
avenue,  alley  or  highway,  the  city  shall,  out  of  the  general 
revenue  of  the  city,  pay  its  proper  apportionate  share  of  the 
cost  of  the  work  mentioned  in  Sec.  1404,  a  tax  bill  against  the 
city  to  be  issued,  in  which  the  city  may  be  sued  in  default  of 
payment ;  but  no  property  held  for  public  use  shall  be  sold, 
and  the  judgment  shall  be  the  same  as  ordinary  judgments  for 
the  recovery  of  money  on  contract.  [7?.  8.  1889,  Sec.  1J$5. 

SEC.  8.  Proceedings  on  petition  for  improve- 
ments.— When  it  is  proposed  to  grade,  construct,  reconstruct, 
pave  or  otherwise  improve  or  repair  any  street,  sidewalk,  alley, 
avenue  or  public  highway,  or  any  part  thereof,  and  pay  therefor 
in  special  tax  bills,  and  under  existing  laws  a  petition  therefor 
is  required,  a  petition  shall  be  sufficient,  if  signed  by  property 
holders  owning  a  majority  of  the  front  feet  of  property  owned 
by  residents  of  the  city,  and  fronting  on  the  street,  sidewalk, 
alley  or  avenue  or  public  highway,  or  part  thereof,  proposed 
to  be  improved.  When  a  petition  has  been  signed  the  same 
may  be  published  for  live  days  in  some  newspaper  printed  in 
the  city,  and  thereafter  the  common  council  shall  hear  and 
decide  on  all  objections  thereto,  if  any.  If  the  common  council 
shall,  in  the  ordinance,  cause  to  be  done  the  work  petitioned 
for,  find  and  declare  that  the  work  has  been  petitioned  for,  and 
the  petition  published  according  to  law,  such  finding  and 
declaration  shall  be  conclusive  for  all  purposes  ;  and  no  special 
tax  bills  shall  be  invalid  or  be  affected  by  any  defect  in  or 
objection  to  the  petition.  Special  tax  bills  against  different 
lots  or  parcels  of  land  owned  by  the  same  person  or  persons 
may  be  joined  in  one  suit,  a  separate  judgment  to  be  entered 
on  each  bill,  and  execution  accordingly  to  be  issued.  In 
making  out  special  tax  bills  against  corner  lots,  for  works  on 
sidewalks,  and  curbing  and  guttering,  they  shall  be  charged 


GRADING  AND  PAVING  STREETS.  135 

for  work  on  both  fronts  and  outside   corners.      [1%.  S.  1889, 
Sec.  11&6. 

SEC.  9.  Contractors  to  give  bond. — Contracts  for 
making  city  improvements  on  streets,  avenues  or  alleys,  or 
constructing  sewers,  let  to  the  lowest  responsible  bidder,  shall 
contain  a  covenant  on  the  part  of  the  contractor  or  contractors 
with  the  city  to  pay  all  laborers  employed  on  the  job,  and 
performance  of  such  covenant  shall  be  guaranteed  by  two  or 
more  sureties  signing  the  contract,  whose  sufficiency  shall  be 
approved  as  provided  by  ordinance,  but  who  shall  not  be  liable 
beyond  the  estimated  cost  of  the  labor  on  the  job,  to  be  cstated 
in  the  contract :  Provided,  that  the  city  shall  not  be  liable  for 
the  sufficiency  of  the  contractors  or  sureties,  nor  for  any  failure 
to  comply  with  or  irregularity  in  complying  with  this  provision. 
Laborers,  who  may  do  work  stipulated  for  by  any  such  contract, 
may  recover  in  an  action  in  the  name  of  the  city  for  their  use> 
in  which  no  costs  shall  be  adjudged  against  the  city,  and  all 
costs  not  adjudged  against  the  defendants  shall  be  adjudged 
according  to  equity  against  persons  for  whose  use  the  suit  may 
be  prosecuted,  all  due  them  for  labor  not  exceeding  the 
estimated  costs  of  the  labor  as  stated  in  the  contract;  such 
recovery  may  be  had  against  the  contractor  and  sureties,  or 
either,  as  in  chancery  ;  but  it  shall  not  be  necessary  to  file  with 
the  petition  the  original  contract.  The  suit  shall  be  brought 
for  the  benefit  of  all  laborers  on  the  job,  and  the  amount  due 
them  be  ascertained  by  the  court  or  a  referee,  unless  the  court 
direct  an  issue  as  to  the  amount  due  one  or  more  laborers,  to 
be  tried  by  a  jury  ;  pending  the  suit,  laborers  not  mentioned  in 
the  petition,  whether  they  have  done  work  before  or  after  the 
commencement  of  the  suit,  may  become  parties  to  the  proceeding 
by  appearing  and  filing  in  the  action  a  written  statement  of 
their  demand,  such  notice  thereof  as  the  court  may  direct  to  be 
given  the  defendants,  and  reasonable  opportunity  to  defend  to 
be  given.  The  proceedings  shall,  as  far  as  practicable,  be 
governed  by  the  rules  and  principles  of  courts  of  chancery,  so 
as  to  afford  speedy  and  adequate  relief,  according  to  the  letter 


136  ARTICLES  OF  INCORPORATION. 

and  spirit  of  this  section.  Judgment  shall  be  rendered  for  the 
estimated  cost  of  labor,  as  stated  in  the  contract,  and  execution 
be  awarded  and  issued  for  the  aggregate  amount  found  due 
laborers,  not  exceeding  the  estimated  cost  in  the  contract,  which 
shall  be  collected  with  costs.  Money  made  shall,  after  prying 
costs,  be  divided  and  paid  pro  rata  among  laborers  for  whose 
use  the  judgment  may  be  rendered,  the  court  to  decide  questions 
as  to  distribution  summarily  by  motion.  No  action  shall  be 
brought  or  be  prosecuted  for  the  benefit  of  laborers  on  the 
contract,  unless  the  suit  be  commenced  within  one  year  after 
the  completion  of  the  work  to  be  done  under  the  contract  and 
acceptance  thereof  by  the  city,  nor  shall  such  action  be  brought 
before  such  completion  and  acceptance,  unless  the  court  find 
good  cause  therefor,  according  to  averments  in  the  petition. 
Such  suit  shall  be  brought  in  some  court  of  competent  jurisdic- 
tion in  the  county  in  which  such  city  is  located,  if  jurisdiction 
of  the  proper  parties  can  be  obtained  in  that  county.  [7?.  8. 
1889,  Sec.  1J$7. 

ARTICLE  XIV. 

BOULEVARDS— SPECIAL  TAX  BILLS-SPRINKLING  AND  CLEAN- 
ING STREETS. 

SECTION  SECTION. 

1.  Act  shall  apply  to  what  cities.  4.    Sprinkling   of  streets,   alleys,  ave- 

2.  Authorizing  construction  of  boule-  nues  and  highways. 

vards.  5.    Manner  of  issuing  tax  bills. 

3.  Special  tax  bills  may  be  issued  for 

grading,  paving,  etc. 

SECTION  1.     Act  shall  apply  to  what  cities. — Any 

city  now  containing  or  which  hereafter  may  contain  more  than 
fifty  thousand  and  less  than  two  hundred  and  fifty  thousand 
inhabitants,  shall  have  the  powers  hereinafter  set  forth.  [Laws 
1891,  p.  48. 

SEC.   2.     Authorizing  construction  of  boulevards. 

— Whenever  a  majority  of  the  resident  property  owners  on 
any  street,  avenue  or  boulevard,  for  a  distance  of  not  less  than 
four  blocks,  shall  petition  the  common  council  of  the  city  for 


SPECIAL  TAX  BILLS  FOR  GRADING,  PAVING,  ETC.         137 

the  complete  construction  and  maintenance  for  a  period  of  five 
years  of  said  street  as  a  boulevard,  then  said  common  council 
may,  according  to  the  terms  of  said  petition  and  in  accordance 
with  specifications  proposed  by  the  city  engineer,  cause  the 
said  street,  avenue  or  boulevard  to  be  graded,  regraded,  pro- 
vision made  for  surface  drainage,  curbed,  guttered,  paved, 
repaved,  plant  trees  thereon,  construct  sidewalks,  lay  sod,  or 
otherwise  improve  and  maintain  the  same  in  perfect  order  for 
a  period  of  five  years  :  Provided,  that  only  such  work  is  done 
as  is  specified  in  said  petition,  which  may  be  for  all  or  such 
part  of  the  above  described  work  as  is  therein  set  forth. 
[Laws  1891,  p.  48. 

SEC.  3.  Special  tax  bills  may  be  issued  for  grad- 
ing, paving,  etc. — The  common  council  of  such  city  may, 
by  ordinance,  provide  tnat  special  tax  bills,  issued  for  any 
work  of  grading,  paving,  repaving,  or  the  construction  of 
district  sewers  and  sidewalks,  shall  be  made  payable  in  five 
-equal  installments — the  first  installment  to  become  due  on  the 
iirst  day  of  January  or  the  first  day  of  July  following  the  issue 
of  said  bills,  whichever  date  is  nearest  to  a  period  of  one  year 
from  date  of  issue ;  the  second  installment  shall  become 
due  in  one  year,  the  third  installment  in  two  years,  the  fourth 
installment  in  three  years  and  the  fifth  installment  in  four 
years  after  the  first  installment  is  due  as  above  mentioned. 
'Such  tax  bills  shall  bear  interest  at  the  rate  of  seven  per  cent 
per  annum.  The  interest  on  the  whole  amount  of  the  tax  bills 
shall  become  due  first  on  the  date  when  the  first  installment 
becomes  due,  with  interest  to  that  date  ;  thereafter  they  shall 
be  payable  at  any  time,  with  interest  up  to  the  following  first 
•day  of  January,  when  the  first  installment  shall  have  been  due 
in  January,  or  the  following  first  day  of  July  when  the  first 
installment  shall  have  been  due  in  July.  If  any  installment 
of  any  such  tax  bill  or  any  interest  thereon  be  not  paid  when 
due,  then  all  the  remaining  installments  shall  immediately 
become  due  and  collectible,  together  with  interest  at  the  rate 


138  ARTICLES  OF  INCORPORATION. 

of  eight  per  cent  per  annum  from  the  date  of  issue  of  said  tax 
bills,  less  the  sum  of  any  interest  that  may  have  already  been 
paid  on  said  installments.  Suits  may  be  brought  to  enforce 
the  payment  of  such  tax  bills,  or  any  installment  or  install- 
ments thereof,  in  the  manner  provided  by  the  charter  of  such 
city  for  the  bringing  of  suits  on  other  tax  bills:  Provided, 
however,  that  the  owner  or  owners  of  any  tract  or  parcel  of 
real  estate  charged  with  the  payment  of  such  tax  bill,  or  the 
owner  or  owners  of  any  interest  in  such  tract  or  parcel  of  real 
estate,  shall,  within  sixty  days  from  date  of  issue,  file  with 
the  common  council  a  written  statement  of  each  and  all  objec- 
tions which  he  or  they  may  have  to  the  validity  of  such  tax 
bill,  the  doing  of  the  work,  the  furnishing  of  the  materials 
charged  for,  the  sufficiency  of  the  work  or  materials  therein 
used,  and  to  any  mistake  or  error  in  the  amount  thereof  ;  and 
in  any  suit  on  any  tax  bill  issued  pursuant  to  this  section,  no 
objection  or  objections  to  it  shall  be  pleaded  or  proved  other 
than  those  which  have  been  filed  with  the  common  council 
within  the  period  aforesaid.  The  ordinance  authorizing  and 
ordering  any  work  to  be  done  according  to  the  provisions  of 
this  section,  and  every  amendment  thereto,  shall  not  be  finally 
voted  upon  and  passed  by  the  common  council  until  such  ordi- 
nance, and  the  petition  in  case  of  paving,  shall  have  been  first 
published  at  least  five  days  in  the  newspaper  at  the  time  doing 
the  city  printing,  and  before  the  passage  of  such  ordinance, 
the  common  council  shall  hear  and  determine  all  objections. 
if  any  there  be,  to  such  ordinance  or  petition.  If  the  com- 
mon council  shall  find  and  declare  by  ordinance  that  the  ordi- 
nance or  petition  authorizing  such  work  to  be  done  have  been 
published  for  the  time  and  in  the  manner  herein  required,  such 
finding  and  recitations  shall  be  conclusive  upon  all  parties  con- 
cerned, and  no  tax  bill  shall  be  held  invalid  on  account  of  the 
insufficiency  of  such  petition  and  notice.  The  lien  of  all  tax 
bills  issued  under  this  section  shall  continue  for  a  period  o? 
one  year  after  the  last  installment  specified  therein  shall  have 
become  due  and  payable,  and  no  longer,  unless  within  such 


SPRINKLING  AND  CLEANING  STREETS. 

year  suit  shall  have  been  instituted  to  collect  such  tax  bill,  in 
which  case  the  lien  of  such  tax  bill  shall  continue  until  sale  of 
the  property  under  execution  on  the  judgment  rendered  estab- 
lishing the  same,  and  no  default  in  the  payment  of  any  previ- 
ous installment  shall  operate  to  diminish  the  period  during 
which  such  lien  shall  continue.  Such  tax  bills  and  liens 
thereof  shall  be  assignable,  and  suits  may  be  brought  thereon 
in  the  same  manner  as  on  other  tax  bills  issued  by  such  city. 
[Laws  1891,  p.  48. 

SEC.  4.     Sprinkling   of   streets,   alleys,  avenues 

and  highways. — The  common  council  of  such  city  may,  by 
ordinance,  cause  any  street,  alley,  avenue  or  public  highway 
or  any  part  thereof  to  be  cleaned  or  sprinkled,  or  both  cleaned 
and  sprinkled,  and  three-fourths  of  the  cost  thereof  paid  out  of 
the  money  collected  on  special  taxes  or  assessments  against 
the  land  fronting  on  such  street,  alley,  avenue  or  public  high- 
way, or  the  part  thereof  on  which  such  work  may  be  done, 
according  to  the  frontage  of  such  land  on  the  street,  avenue, 
alley  or  public  highway,  and  the  remaining  one-fourth  or 
balance  of  the  cost  thereof  to  be  paid  out  of  the  city  treasury. 
The  board  of  public  works  shall  prepare  each  year,  and  pre- 
sent the  same  to  the  mayor  and  common  council,  an  estimate 
of  the  streets,  alleys,  avenues  or  public  highways  to  be  cleaned 
or  sprinkled  during  the  coming  fiscal  year,  showing  the  amount 
of  work  to  be  done  and  the  estimated  cost  thereof.  The  com- 
mon council  may,  by  ordinance,  provide  that  the  work  or  any 
part  thereof  shall  be  done  and  three-fourths  of  the  cost  be  paid 
for  in  special  assessment.  [Laws  1891,  p.  48. 

SEC.  5.  Manner  of  issuing  tax  bills. — All  tax  bills 
issued  under  the  authority  of  this  act  shall  be  issued  in  the 
same  manner  and  under  the  same  regulations  for  ascertaining 
the  amount  which  shall  be  assessed  against  each  lot  or  parcel 
of  real  estate,  to  be  assessed  as  may  be  provided  in  the  charter 
of  any  such  city  for  issuing  tax  bills  for  work  of  the  same 
character  as  those  specified  in  this  act.  [Laws  1891,  p.  48. 


140  ARTICLES  OF  INCORPORATION. 

ARTICLE  XY. 

PLAN   OF  STREETS  -ADDITIONS  AND  PLATS. 

SECTION.  SECTION. 

1.  Power  of  council  over  streets  and     '  5.    Duty  of  recorder,  copies  to  be  evi- 

additions.  dence. 

2.  Plats  to  be  submitted  to  council.  6.    Penalty  for  selling  lots,  fee  vested 

3.  Streets  in  additions,  plan  of.  in  ci*y>  when. 

4.  Plat  to  be  approved,  acknowledged  ?•    Penalty    for    recording    imperfect 

and  recorded.  plat. 

SECTION  1.     Power  of  council  over  streets,  etc., 

in  additions. — The  common  council  of  such  city  shall  have 
power  to  establish  a  general  plan  for  the  location  and  grading 
of  streets,  alleys  and  public  highways  within  the  city  ;  and  in 
all  subdivisions  of  the  property  hereafter  to  be  made  by  the 
respective  owners,  they  shall  be  required  to  conform  their 
streets,  alleys  and  public  highways  to  said  general  plan  ;  and 
it  shall  be  the  express  duty  of  the  mayor  to  see  that  all  ordi- 
nances to  enforce  his  power  are  strictly  executed.  [R.  S. 
1889,  Sec.  1403. 

SEC.  2.  Plats  to  be  submitted  to  council. — It  shall 
not  be  lawful  for  any  person  or  persons  to  make  or  file  any 
plat  of  land  as  an  addition  to  such  city,  or  to  subdivide  or  alter 
any  blocks,  lots  or  other  subdivisions  of  land  of  which  plats 
have  never  been  filed,  or  to  sell  any  lots,  blocks  or  other  sub- 
divisions of  land  according  to  such  plat,  unless  such  plat  shall 
have  been  submitted  to  the  common  council  for  their  approval, 
and  a  certificate  of  such  approval  has  been  indorsed  thereon 
by  the  city  clerk,  by  order  of  the  common  council,  to  be 
recorded  therewith.  Any  person  or  persons  who  shall  file,  or 
cause  to  be  filed  or  recorded,  any  such  p'at,  or  shall  sell  or 
offer  for  sale  any  lots  or  other  subdivisions  of  land  hereafter 
made,  before  such  plat  shall  have  been  so  approved  and  the 
certificate  thereof  recorded,  shall  be  liable  to  the  penalties 
prescribed  in  the  chapter  relating  to  plats.  [7?.  /S.  1889., 
Sec.  14,01. 


PLATS  OF  CITIES,  ETC. 

SEC.  3.  Plats  of  cities,  etc.*  to  be  made  out, 
when — shall  show  what. — Whenever  any  city,  town  or 
village,  or  any  addition  to  any  city,  town  or  village,  shall  be 
laid  out,  the  proprietor  of  such  city,  town  or  village,  or  addition, 
shall  cause  to  [be]  made  out  an  accurate  map  or  plat  thereof, 
particularly  setting  forth  and  describing  :  First,  all  parcels  of 
ground  within  such  town,  village  or  addition  reserved  for 
public  purposes  by  their  boundaries,  course  and  extent,  whether 
they  be  intended  for  avenues,  streets,  lanes,  alleys,  commons 
or  other  public  uses;  and,  second,  all  lots  for  sale,  by  numbers, 
and  their  precise  length  and  width.  And  the  streets  of  all 
such  additions  to  cities,  towns  or  villages,  or  of  plats  of  ground, 
except  plats  for  cemetery  purposes,  shall  conform  to  the  streets 
of  such  city,  town  or  village,  so  that  the  streets  and  avenues  of 
such  additions  or  plats  shall,  as  near  as  may  be,  run  parallel 
with  or  be  continuations  on  a  straight  line  of  the  streets  of  said 
city,  town  or  village,  and  all  taxes  against  the  property  proposed 
to  be  platted  shall  be  paid.  \E.  S.  1889,  Sec.  7309. 

SEC.  4.     Plat  to  be  acknowledged  and  recorded* 

—Such  map  or  plat  shall  be  acknowledged  by  the  proprietor 
before  some  court  or  officer  authorized  by  law  to  take  the 
acknowledgment  of  conveyances  of  real  estate,  and  recorded 
in  the  office  of  the  recorder  of  deeds  of  the  county  in 
which  the  land  platted  is  situated  :  Provided,  however, 
that  no  such  plat  of  an  addition  to  a  city,  town  or  village, 
or  plat  of  ground,  shall  be  so  recorded  until  the  same  has  been 
submitted  to  and  approved  by  the  common  council  of  such  city, 
town  or  village,  by  ordinance  duly  passed  and  approved  by 
the  mayor,  and  such  approval  thereof  indorsed  upon  said  plat, 
under  the  hand  of  the  clerk  and  seal  of  said  city,  town  or 
village,  nor  until  all  taxes  against  the  same  have  been  paid. 
[£.  S.  1889,  Sec.  7310. 

SEC.  5.  Duty  of  recorder  when  plat  delivered, 
certified  copies  to  be  in  evidence. — It  shall  also  be  the 
duty  of  the  recorder  to  record  all  plats  delivered  to  him  for 


142  ARTICLES  OF  INCORPORATION. 

record,  in  a  book  to  be  called  a  plat  book,  and,  when  necessary 
to  preserve  uniformity,  he  shall  reduce  the  scale  of  the  original 
plat,  and  on  each  copy  so  made  he  shall  indorse  the  following 
certificate  under  his  hand:  "  This  plat  is  truly  copied  from 
the  original.  (Signed)  — — ,  recorder."  Copies  of  the  record 
of  plats  from  said  plat  book,  properly  certified  under  the  hand 
and  official  seal  of  the  recorder,  shall  be  evidence  in  all  courts 
of  justice,  [R.  S.  1889,  Sec.  7311. 

SEC.  6.     Penalty  for  selling  lots — fee  vested  in 

€ity,  when. — If  any  person  shall  sell  or  offer  for  sale  any 
lot  within  any  city,  town  or  village,  or  any  addition  thereto, 
before  the  plat  thereof  be  made  out,  acknowledged  and 
recorded,  as  aforesaid,  such  person  shall  forfeit  a  sum  not 
exceeding,  three  hundred  dollars  for  every  lot  which  he  shall 
sell  or  offer  to  sell.  Such  maps  or  plats  of  such  cities,  towns, 
villages  and  additions  made,  acknowledged,  certified  and 
recorded,  shall  be  a  sufficient  conveyance  to  vest  the  fee  of  such 
parcels  of  land  as  are  therein  named,  described  or  intended  for 
public  uses  in  such  city,  town  or  village,  when  incorporated,  in 
trust  and  for  the  uses  therein  named,  expressed  or  intended, 
and  for  no  other  use  or  purpose.  If  such  city,  town  or  village 
shall  not  be  incorporated,  then  the  fee  of  such  lands  conveyed 
as  aforesaid  shall  be  vested  in  the  proper  county  in  like  trust, 
and  for  the  uses  and  purposes  aforesaid,  and  none  other. 
[fi.  S.  1889,  Sec.  7313. 

SEC.  7.     Penalty   for   recording  imperfect  plat. 

— If  any  person,  his  agent  or  attorney,  shall  cause  a  map  or 
plat  of  any  such  city,  town,  village  or  addition  thereto  to 
be  recorded,  which  does  not  set  forth  and  describe  all  parcels 
of  ground  which  have  been  or  shall  be  promised  or  set  apart  for 
public  uses,  such  persons  shall  forfeit  double  the  value  of  the 
ground  so  promised  or  pretended  to  have  been  set  apart  for 
public  uses,  and  not  set  forth  on  the  plat.  The  forfeitures 
arising  under  this  chapter  may  be  recovered  by  civil  action, 
with  costs,  in  the  name  of  the  county  to  the  use  of  the  school 


SEWERS.  143 

fund  of  the  incorporated  city,  town  or  village  in  which  the 
land  lies,  or  the  county,  as  the  case  may  be.  [R.  S.  1889, 
Sec.  73U. 

ARTICLE  XYI. 

SEWERS. 

SECTIOX.  SECTION. 

1.  Sewer  system— public  sewers.  3.    Private  sewers. 

2.  District  sewers.  4.    Condemnation  of  property. 

SECTION  1.  Of  sewers. — The  common  council  shall 
have  power  to  cause  a  general  sewer  system  to  be  established, 
which  shall  be  divided  into  three  classes,  to  wit:  Public,  dis- 
trict and  private  sewers.  Public  sewers  shall  be  established 
along  the  principal  courses  of  dr'ainage,  at  such  times,  to  such 
extent,  of  such  dimensions  and  under  such  regulations  as 
may  be  provided  by  ordinance,  and  these  may  be  extensions 
or  branches  of  sewers  already  constructed  or  entirely  new 
throughout,  as  may  be  deemed  expedient.  The  common 
council  shall  levy  a  tax  on  all  property  made  taxable  for  state 
purposes  over  the  whole  city  to  pay  for  the  constructing, 
reconstructing  and  repairing  of  such  work,  which  tax  shall 
be  called  ''special  public  sewer  tax,"  and  shall  be  such  amount 
as  may  be  required  for  the  sewer  provided  by  ordinance  to  be 
built  ;  and  the  fund  arising  from  said  tax  shall  be  appropriated 
solely  to  the  building  and  repairing  of  said  sewers.  No  sewer 
shall  be  run  diagonally  through  private  property  when  it  is 
practicable,  without  injury  to  such  sewer,  to  construct  it 
parallel  with  one  of  the  exterior  lines  of  such  property  ;  nor 
shall  any  public  sewer  be  constructed  through  private  property 
when  it  is  practicable  to  construct  it  along  or  through  a  street 
or  other  public  highway.  [R.  S.  1889,  Sec.  11$8. 

SEC.  2.  District  sewers. — District  sewers  shall  be 
established  within  the  limits  of  the  districts  to  be  prescribed 
by  ordinance,  connecting  with  a  public  sewer  or  other  district 
sewer,  or  with  the  natural  course  of  drainage,  as  each  cat-e  may 
be.  Such  district  may  be  subdivided,  enlarged  or  changed  by 


144  ARTICLES  OF  INCORPORATION. 

ordinance,  at  any  time  previous  to  the  construction  of  the 
sewer  therein.  The  common  council  shall  cause  sewers  to  be 
constructed  in  each  district  whenever  a  majority  of  the  prop- 
erty holders,  residents  therein,  shall  petition  therefor,  or  when- 
ever the  common  council  may  deem  such  sewer  necessary  for 
sanitary  or  other  purposes,  and  said  sewer  shall  be  of  such 
dimensions  as  may  be  prescribed  by  ordinance,  and  may  be 
changed,  enlarged  or  extended,  and  shall  have  all  the  neces- 
sary laterals,  inlets  and  other  appurtenances  which  may  be 
required.  As  soon  as  the  district  sewer  shall  have  been  com- 
pleted, the  city  engineer,  or  other  officer  having  charge  of  the 
work,  shall  compute  the  whole  cost  thereof,  and  shall  assess 
it  as  a  special  tax  against  the  lots  of  ground  exclusive  of  the 
improvements,  in  proportion  to  the  area  of  the  whole  district, 
exclusive  of  public  highways,  and  such  officer  shall  make  out 
a  certified  bill  of  such  assessment  against  each  lot  of  ground 
within  the  district,  in  the  name  of  the  owner  thereof  ;  said 
certified  bill  shall  be  delivered  to  the  contractor  for  the  work, 
who  shall  proceed  to  collect  the  same  by  the  ordinary  process 
of  law,  in  the  name  of  the  city,  to  his  own  use,  and,  in  case  of 
absent  owners,  he  may  sue  by  attachment  or  by  any  other 
process  known  to  the  law;  and  every  such  certified  bill  shall  be 
a  lien  against  the  lot  of  ground  described  therein,  and  shall 
bear  interest  at  the  rate  of  ten  per  cent  per  annum  from  thirty 
days  after  the  date  of  its  issue,  unless  sooner  offered  to  be  paid, 
and  if  not  paid  or  offered  to  be  paid  within  six  months  after  the 
date  of  issue,  then  it  shall  bear  interest  at  the  rate  of  fifteen 
per  cent  per  annum  until  paid  ;  and  every  such  certified  bill 
shall,  on  action  brought  to  recover  the  amount  thereof,  be 
prima  facie  evidence  of  the  validity  of  the  charges  against  the 
property  therein  described,  and  of  the  liability  of  the  person 
therein  named  as  the  owner  of  such  property.  The  city  shall 
incur  no  liability  for  building  district  sewers,  except  when  the 
city  is  the  owner  of  a  lot  of  ground  within  the  district,  and  in 
that  case  the  city  shall  be  liable  for  the  cost  of  said  sewer,  in 
the  same  manner  as  other  property  owners  within  the  district. 


SEWERS. 

The  repairs,  cleaning  and  other  incidental  expenses  of  district 
sewers  shall  be  paid  out  of  a  general  appropriation  for  that 
purpose.  The  lien  of  such  special  tax  bills  shall  continue  for 
two  years  after  the  issue  of  the  same,  but  no  longer,  unless 
suit  be  brought  to  collect  the  same  within  two  years  from  the 
issue  thereof,  in  which  case  the  lien  shall  continue  until  the 
determination  of  the  legal  proceedings  to  collect  the  same, 
including  any  sale  of  the  property  charged.  [R.  S.  1889,  Sec. 


SEC.  3.  Private  sewers.  —  Private  sewers  connected 
with  public  and  district  sewers  may  be  constructed  under  such 
restrictions  and  regulations  as  the  common  council  may  pre- 
scribe by  general  ordinance,  but  the  city  shall  be  at  no 
expense  in  the  construction,  repairing  or  cleaning  the  same. 
.[£.  S.  1889,  Sec.  U30. 

SEC.  4.     Private  property  may  be  condemned.— 

The  common  council  shall  have  power  to  condemn  private  prop- 
erty for  use,  occupation  or  possession  in  the  construction  and 
repair  of  public  sewers,  in  the  same  manner  as  other  property 
is  condemned  for  other  public  uses.  [J?.  S.  1889,  Sec. 


10 


146 


ARTICLES  OF  INCORPORATION. 


ARTICLE  XVII. 


FIRE  DEPARTMENT. 


SECTION 

1.  Fire  limits. 

2.  Power  of  council. 

3.  Fire  engines  to  be  procured,  etc. 

4.  Cities  may    set   aside    a    fund  for 

pensioning  firemen,  cities  of  sec- 
ond class  to  ratify  provisions  of 
bill. 

5.  Board  of  trustees  of  the  firemen's 

fund  created,  of  whom  composed. 

6.  Functions  of  board,  assessment  of 

members  of  fire  department. 

7.  Rewards,  fees,  gifts,  etc.,  paid  to 

firemen's  fund,  other  contribu- 
tions to  fund. 

8.  Trustees  may  invest  pension  fund. 

9.  Disposition   of   interest,  duties  of 

municipal  legislative  body. 

10.  Conditions  of   grant   of    pensions, 

amount  of  pensions. 

11.  Payments   to    widows   and   minor 

children. 


SECTION 

12.  Payments  when  fund  is  insufficient. 

13.  Retirement   of   firemen,    half   pay 

allowed. 

14.  To  whom  the  act  shall  apply. 

15.  Treasurer  shall  be  custodian  of  fund 

and  shall  execute  bond. 

16.  Warrants,  upon  whom  drawn. 

17.  Warrants,  how  drawn. 

18.  Board  of  trustees  to  report  annually 

the  condition  of  fund. 

19.  Pension  fund   exempt   from   debt, 

execution,  etc. 

20.  Relief  association  may  unite  with 

the  board  of  trustees  of  the  fire- 
men's pension  fund. 

21.  Appropriation  for  funeral  expenses, 

etc. 

22.  Who  entitled  to  benefits. 

23.  What  cities  may  be  included  in  pro- 

visions of  this  act. 


SECTION  1.       Council    to    regulate    character    of 

buildings. — The  common  council  shall  have  power,  by  ordi- 
nance, to  prohibit  the  erection  or  repairing  of  wooden  build- 
ings within  such  limits  as  may  be  prescribed  by  ordinance,  and 
to  direct  that  all  buildings  within  the  limits  prescribed  shall 
be  made  or  constructed  of  fire  proof  material,  and  to  declare 
all  dilapidated  buildings  to  be  nuisances,  and  to  direct  the 
same  to  be  repaired,  removed  or  abated  in  such  manner  as 
they  shall  prescribe  and  direct,  and  to  declare  all  wooden 
buildings  within  the  fire  limits  which  they  may  deem  danger- 
ous to  contiguous  buildings,  in  causing  or  promoting  fires,  to 
be  nuisances,  and  to  require  or  cause  to  be  removed  in  such 
manner  and  under  such  penalties  to  the  owners  or  proprietors 
thereof  as  they  may  direct.  [JR.  S.  1889,  Sec.  1432. 

SEC.  2.     Power  of   council   to    provide    against 

fires. — The  common  council  shall  have  power : 


FIRE  DEPARTMENT. 

I.  To  prohibit   the  construction  of  chimneys,  flues,  fire- 
places, stovepipes,  ovens  or  other  apparatus  used  in  or  about 
any  building  or  manufactory,  and  cause  the  same  to  be  removed 
or  put  in  a  safe  condition  when  considered  dangerous. 

II.  To  prevent   the  deposit  of  ashes  in  unsafe  places  ; 
and  may  appoint  one  or  more  officers  to  enter  into  all  build- 
ings and  inclosures  to  examine  whether  the  same  are  in  dan- 
gerous  condition,  and  to   cause   such  as  may  be  dangerous  to 
be  put  in  a  safe  condition. 

III.  To  regulate  and  prevent  the  carrying  on  of  manu- 
factories dangerous  in  promoting  or  causing  fires. 

IV.  To  regulate,  prevent  and  prohibit  the  use  of  fire- 
works and  firearms. 

Y.  To  direct  and  prohibit  the  management  of  houses  for 
the  storing  of  gunpowder  and  other  combustibles  and  danger- 
ous materials  within  the  city  ;  to  regulate  the  keeping  and  con- 
veying the  same,  and  the  use  of  candles  and  other  lights  in 
stables  and  other  like  houses. 

VI.  To  regulate  and  prescribe  the  manner  and  order  of 
building  parapets  and  partition  walls  and  partition  fences. 

VII.  To  compel  the  owners  or  occupiers  of  houses  or 
other  buildings  to  have  scuttles  on  the  roof,  and  stairs  or  41 
ladder  leading  to  the  same. 

VIII.  And  generally  to  establish  such  regulations   for 
the    prevention  and  extinguishment   of   fires  as  the  common 
council  may  deem  expedient.      [7?.  /S.  1889,  Sec.  H33. 

SEC.  3.  May  procure  engines,  etc. — The  common 
council  may  procure  steam  fire  engines  and  other  apparatus 
used  for  the  extinguishment  of  fires,  and  have  the  charge  and 
control  of  the  same,  and  provide  fit  and  secure  houses  and  other 
places  of  keeping  and  preserving  the  same,  and  shall  have 
power  : 

I.     To  organize  fire,  hose,  axe  and  ladder  companies. 


148  ARTICLES  OF  INCORPORATION. 

II.  To  appoint  and  pay,  during  their  pleasure,   a  com- 
petent number  of  able  and  reputable  inhabitants  of  the  city  as 
firemen,  to  [have]  the  care  and  management  of  the  engines  and 
the   apparatus  and    implements    used    and    provided    for    the 
extinguishment  of  fires. 

III.  To  prescribe  the    duties   of   firemen  and    to  make 
rules   and  regulations  for  their  government,   and  to   impose 
reasonable  penalties  upon  them  for  a  violation  of  the  same, 
and  for  incapacity,  neglect  of  duty  or  misconduct  to  remove 
them. 

IV.  The  common  council  shall  have  the  power  to  appoint 
a  chief  and  assistant  engineer  of  the  fire  department,  and  they, 
with  the  other  firemen,  shall  take  the  care  and  management  of 
the   engine   and  other  apparatus  provided   and  used   for  the 
extinguishment  of  fires;  and  their  powers  and  duties  shall  be 
prescribed  and  defined  by  the  common  council,  the  particulars 
of  all  which  shall  be  prescribed  by  ordinance,      [fi.  S.  1889y 
Sec.  1434. 

SEC.  4.  Cities,  towns  and  villages  may  set  aside 
a  fund  for  pensioning  firemen,  treasurer  of  copora- 
tion  ex-officio  treasurer  of  fund — cities  of  second 
class  to  ratify  provisions  of  bill. — The  municipal  authori- 
l^es,  by  act  or  ordinance,  in  all  cities,  villages  or  incorporated 
towns  in  this  state  having  an  organized  fire  department,  may 
set  apart  not  exceeding  one  per  centum  of  all  revenue  received 
for  municipal  purposes  by  such  cities,  villages  or  incorporated 
towns  from  licenses  issued  by  such  cities,  villages  or  incor- 
porated towns,  as  a  fund  for  the  pensioning  of  crippled  and 
disabled  members  of  the  fire  department,  and  of  the  widows 
and  orphans  of  deceased  members  of  the  fire  department  of 
such  cities,  villages  or  incorporated  towns,  and  the  treasurer 
of  such  cities,  villages  or  incorporated  towns  shall  be  ex-officio 
treasurer  of  such  fund  :  Provided,  that  in  any  city  of  the 
second  class  the  provisions  of  this  bill  shall  not  be  in  effect 
until  it  shall  be  ratified  by  a  majority  of  the  voters  of  such  city 


FIRE  DEPARTMENT.  149 

at  an  election,  which  shall  be  held  at  the  request  of  one  hundred 
petitioners.  [Laws  1893,  p.  112. 

SEC.  5.  Board  of  trustees  of  the  firemen's 
fund  created — of  whom  board  shall  be  composed.— 

In  cities,  the  treasurer,  the  counselor,  the  clerk  or  register, 
and  the  comptroller  where  such  office  exists,  the  chief  officer 
of  the  fire  department,  a  delegate-at-large  from  the  fire  depart- 
ment, to  be  elected  by  the  members  thereof  on  the  first  Monday 
in  December  of  each  year,  whose  term  of  office  shall  be  for  one 
year,  and  one  delegate  from  the  retired  or  pensioned  list,  to  be 
elected  by  such  retired  or  pensioned  members  on  the  first 
Monday  in  December  of  each  year,  whose  term  of  office  shall 
be  for  one  year,  shall  constitute  and  be  a  board  by  the  name 
of  the  "  board  of  trustees  of  the  firemen's  fund."  The  board 
shall  select  from  their  members  a  president  anti  secretary  : 
Provided,  that  in  villages  and  incorporated  towns,  the  u  board 
of  trustees  of  the  firemen's  pension  fund  "  shall  consist  of  the 
chairman  of  the  village  or  town  trustees,  the  clerk,  counselor 
or  attorney,  treasurer  and  chief  officer  of  the  fire  department. 
[Laws  1893,  p.  112  ;  amended  laws  1895,  p.  56. 

SEC.  6.  Functions  of  board  —  assessment  of 
members  of  fire  department. — The  said  board  shall  have 
exclusive  control  and  management  of  the  fund  mentioned  in 
the  first  section  of  this  act,  and  of  all  money  donated,  paid  or 
assessed  for  the  relief  or  pensioning  of  disabled  members  of 
the  fire  department,  their  widows  and  minor  children,  and  shall 
assess  each  member  of  the  fire  department  not  to  exceed  one 
per  centum  of  the  salary  of  such  member,  to  be  deducted  and 
withheld  from  the  monthly  pay  of  each  member  so  assessed, 
the  same  to  be  placed  by  the  treasurer  of  such  city,  village  or 
incorporated  town,  who  shall  be  ex-officio  treasurer  of  such 
board,  to  the  credit  of  such  fund,  subject  to  the  order  of  such 
board.  The  said  board  shall  make  all  needful  rules  and  regu- 
lations for  its  government  in  the  discharge  of  its  duties,  and 
shall  hear  and  decide  all  applications  for  relief  or  pensions 


150  ARTICLES  OF  INCORPORATION. 

under  this  act,  and  its  decisions  on  such  applications  shall  be 
final  and  conclusive,  and  not  subject  to  review  and  reversal 
except  by  the  board,  and  a  record  shall  be  kept  of  all  the 
meetings  and  proceedings  of  the  board.  [Laws  1893,  p.  112, 

SEC.  7.     Rewards,  fees,  gifts,  etc.,  paid  to  fire- 
men's   fund  —  other    contributions    to    fund.  —  All 

rewards  in  money,  fees,  gifts  and  endowments  that  may  be 
paid  or  given  for  or  on  account  of  extraordinary  services  by 
said  fire  department  or  any  member  thereof,  except  when  per- 
mitted by  order  of  the  board  to  be  retained  by  said  member, 
may  be  paid  into  said  pension  fund.  The  said  board  of  trus- 
tees may  take  by  gift,  grant,  devise  or  bequest  any  money, 
real  estate,  personal  property,  right  of  property  or  other  valu- 
able thing,  and  the  same  shall  be  treated  as  a  part  of  and  for 
the  uses  of  said  fund:  Provided,  however,  the  principal  of 
said  fund  shall  never  in  the  aggregate  exceed  the  sum  of  two 
hundred  and  fifty  thousand  dollars.  All  fines  and  penalties 
imposed  upon  members  of  the  department,  for  dereliction  of 
duty  or  violation  of  any  order  or  regulation,  shall  form  a  part 
of  said  fund.  [Laws  1893,  p. 


SEC.   8.     Trustees    may   invest  pension   fund.— 

The  said  board  of  trustees  shall  have  power  to  draw  such  pen- 
sion fund  from  the  treasury  of  such  city,  village  or  incorpor- 
ated town,  and  may  invest  such  fund,  or  any  part  thereof,  in 
the  name  of  the  Aboard  of  trustees  of  the  firemen's  pension 
fund,"1'  in  interest  bearing  bonds  of  the  United  States,  of  the 
state  of  Missouri,  of  any  county,  township  or  municipal  cor- 
poration of  the  state,  or  loan  the  same  on  real  estate  in  the 
city  where  such  pension  fund  is  established,  not  exceeding  in 
amount  in  any  case  two-thirds  of  the  assessed  tax  paying  val- 
uation of  such  real  estate  ;  and  all  such  securities  shall  be 
deposited  with  the  treasurer  of  said  city,  village  or  incorpor- 
ated town,  as  ex-officio  treasurer  of  said  board,  and  shall  be 
subject  to  the  order  of  said  board.  [Laws  1893,  p.  112. 
Amended  Laws  1895,  p.  56. 


FIRE  DEPARTMENT.  151 

SEC.  9.  Disposition  of  interest  —  duties  of  muni- 
cipal legislative  body.  —  The  interest  received  from  the 
investment  of  said  funds  shall  be  applicable  to  the  payment  of 
pensions  under  this  act,  and  it  shall  be  in  the  power  of  the 
legislative  body  of  any  city,  village  or  incorporated  town  to- 
diminish  and  adjust  the  annual  rate  of  one  per  centum  from 
licenses,  so  that  the  income  from  interest,  dues  from  members 
and  licenses  shall  meet  the  requirements  of  the  pension  list  as 
provided  by  this  act.  [Laws  1893,  p.  112. 

SEC.  10.  Conditions  of  grant  of  pensions  — 
amount  of  pension.  —  If  any  member  of  the  fire  department 
of  any  such  city,  village  or  incorporated  town  shall,  while  in 
the  performance  of  his  duty,  become  and  be  found,  upon  an 
examination  by  a  medical  officer  ordered  by  said  board  of 
trustees,  to  be  physically  or  mentally  permanently  disabled  by 
reason  of  service  in  such  department,  so  as  to  render  neces- 
sary his  retirement  from  service  in  said  fire  department,  said 
board  of  trustees  shall  retire  such  disabled  member  from  ser- 
vice in  such  fire  department:  Provided,  no  such  retirement  on 
account  of  disability  shall  occur  unless  said  member  has  con- 
tracted said  disability  while  in  the  service  of  such  fire  depart- 
ment ;  and  upon  such  retirement  the  said  board  of  trustees 
shall  order  the  payment  to  such  disabled  member  of  such  fire 
department  monthly,  from  said  pension  fund,  a  sum  equal  to- 
one-half  the  monthly  compensation  allowed  to  such  member  as 
salary  at  the  date  of  his  retirement;  and  in  case  the  party 
Buffering  such  disability  is  a  member  of  a  volunteer  depart- 
ment receiving  no  pay,  then  the  amount  to  be  paid  him  shall 
be  fixed  by  said  board  of  trustees.  [Laws  1893,  p. 


SEC.  11.  Payments  to  widows  and  minor  chil- 
dren. —  If  any  member  of  such  fire  department  shall,  while 
in  the  performance  of  his  duty,  be  killed  or  die  as  the  result 
of  an  injury  received  in  the  line  of  his  duty,  or  of  any  disease 
contracted  by  reason  of  his  occupation,  or  shall  die  from  any 
cause  whatever  while  in  said  service,  and  shall  leave  a  widow 


152  ARTICLES  OF  INCORPORATION. 

or  child  or  children  under  the  age  of  sixteen  years  surviving, 
said  board  of  trustees  shall  direct  the  payment  from  said  pen- 
sion fund  monthly  to  such  widow,  while  unmarried,  of  thirty 
dollars,  and  for  each  child  until  it  reaches  the  age  of  sixteen 
years,  six  dollars  ;  and  in  case  the  party  suffering  such  disa- 
bility is  a  member  of  a  volunteer  department,  the  amount  to 
be  paid  monthly  to  his  widow  and  children  aforesaid  shall  be 
fixed  by  said  board  of  trustees.  [Laws  1393,  p.  112. 

SEC.   12.     Payments  when  fund  is  insufficient.— 

If  at  any  time  there  shall  not  be  sufficient  money  in  such  pen- 
sion fund  to  pay  each  person  entitled  to  the  benefit  thereof 
the  full  amount  per  month  as  hereinbefore  provided,  then  an 
equal  percentage  of  such  monthly  payments  shall  be  made  to 
each  beneficiary  until  the  said  fund  shall  be  replenished  to 
warrant  the  payment  in  full  of  each  of  said  beneficiaries. 
[Laws  1893,  p. 


SEC.  13.    Retirement  of  firemen  —  half  pay  allow- 

ed. —  Any  member  of  the  fire  department  of  any  such  city, 
village  or  incorporated  town  arriving  at  the  age  of  fifty  years, 
and  having  served  twenty-two  years  or  more  in  such  fire 
department,  of  which  the  last  two  years  shall  be  continuous, 
may  make  application  to  be  relieved  from  such  fire  depart- 
ment ;  and  if  his  application  is  granted,  or  if  he  should  be 
discharged  from  such  department,  the  said  board  of  trustees 
shall  order  and  direct  that  said  person  shall  be  paid  a  monthly 
pension  equal  to  one-half  the  salary  said  person  is  in  receipt  of 
as  a  member  of  the  fire  department,  and  if  he  is  a  member  of 
a  volunteer  fire  department  and  not  underpay,  such  amount 
monthly  as  may  be  fixed  by  the  board  of  trustees.  After  the 
decease  of  such  member,  his  widow  and  children  under  sixteen 
years  of  age,  if  any,  surviving  him  shall  be  entitled  to  the 
pension  provided  for  in  this  act.  [Laws  1893,  p.  112. 

SEC.   14.     To  whom  the  act  shall  apply.  —  This  act 
shall  apply  to   all  persons  who    are    now  or    shall    hereafter 


FIRE  DEPARTMENT.  153 

become  members  of  any  organized  fire  department  in  any  city, 
village  or  incorporated  town  in  this  state,  and  to  all  cities, 
villages  and  incorporated  towns  now  existing  in  this  state  or 
which  may  hereafter  be  created  herein.  {Laws  1893,  p.  112. 

SEC.  15.  Treasurer  shall  be  custodian  of  fund 
and  shall  execute  bond. — The  treasurer  of  the  board  of 
trustees  shall  be  the  custodian  of  said  pension  fund,  and  shall 
secure  and  safely  keep  the  same,  subject  to  the  control  and 
direction  of  the  board,  and  shall  keep  his  books  and  accounts 
concerning  said  fund  in  such  manner  as  may  be  prescribed  by 
the  board,  and  the  said  books  and  accounts  shall  always  be 
subject  to  the  inspection  of  the  board  or  any  member  thereof. 
The  treasurer  shall,  within  ten  days  after  his  election  or 
appointment,  execute  a  bond  to  the  city,  village  or  incorpor- 
ated town,  with  good  and  sufficient  sureties,  in  such  penal  sum 
as  the  board  shall  direct,  to  be  approved  by  the  board,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office, 
and  that  he  will  safely  keep  and  well  and  truly  account  for  all 
moneys  and  property  which  may  come  to  his  hands  as  such 
treasurer,  and  that  on  the  expiration  of  his  term  of  office  he 
will  surrender  and  deliver  over  to  his  successor  all  unexpended 
moneys  and  all  property  which  may  have  come  to  his  hands  as 
treasurer  of  such  fund  ;  and  said  bond  shall  be  filed  in  the 
office  where  the  records  of  said  city,  village  or  incorporated 
town  are  kept,  and  may  be  sued  on  in  the  name  of  said  city, 
village  or  incorporated  town,  to  the  use  of  said  board  or  any 
person  or  persons  injured  by  a  breach  thereof.  [Laws  1893, 
p.  112. 

SEC.  16.  Warrants,  upon  whom  drawn. — It  shall 
be  the  duty  of  the  officer  or  officers  of  such  city,  village  or 
incorporated  town  as  are  designated  by  law7  to  draw  warrants 
on  the  treasurer  of  such  city,  village  or  incorporated  town, 
upon  request,  in  writing,  by  said  board  of  trustees,  to  draw 
warrants  on  the  treasurer  of  such  city,  village  or  incorporated 
town,  payable  to  the  treasurer  of  said  board  of  trustees,  for  all 


154  ARTICLES  OF  INCORPORATION. 

funds  belonging  to  said  pension  fund,  as  aforesaid.  [Laws- 
1893,  p.  112. 

SEC.  17.  Warrants,  how  drawn.  —  All  moneys 
ordered  to  be  paid  from  said  pension  fund  to  any  person  or 
persons  shall  be  paid  by  the  treasurer  of  the  board  of  trustees 
only  upon  warrants  signed  by  the  president  of  said  board  and 
countersigned  by  the  secretary  thereof,  and  no  warrant  shall  be 
drawn  except  by  order  of  the  board,  duly  entered  on  the  records 
of  the  proceedings  of  the  board.  [Laws  1893,  p.  112. 

SEC.  18.     Board  of  trustees  to  report  annually 

the  condition  of  fund. — The  board  of  trustees  shall  make 
report  to  the  legislative  body  of  said  city,  village  or  incorporated 
town  of  the  condition  of  said  pension  fund,  on  the  first  day  of 
January  in  each  and  every  year.  [Laws  1893,  p.  112. 

SEC.  19.  Pension  fund  exempt  from  debt,  exe- 
cution, etc. — No  portion  of  said  pension  fund  shall,  before 
or  after  its  order  of  distribution  by  the  board  of  trustees  to  the 
persons  entitled  thereto,  be  held,  seized,  taken,  subjected  to  or 
detained  or  levied  on  by  virtue  of  any  attachment,  execution, 
injunction,  writ,  interlocutory  or  other  order  or  decree,  or  any 
process  or  proceeding  whatever  issued  out  of  or  by  any  court 
of  this  state  for.  the  payment  or  satisfaction,  in  whole  or  in 
part,  of  any  debt,  damages,  claim,  demand  or  judgment  against 
the  beneficiary  of  said  fund  ;  but  the  said  fund  shall  be  held 
and  distributed  for  the  purpose  of  this  act,  and  for  no  other 
purpose  whatever.  [Laws  1893 ,  p.  112. 

SEC.  20.  Relief  associations  may  unite  with  the 
board  of  trustees  of  the  firemen's  pension  fund.— 

Any  fire  department  pension  fund  and  relief  association  existing 
in  this  state  under  the  act  of  March  31,  1885,  authorizing  the 
formation  of  such  associations,  is  hereby  empowered,  by  a 
majority  vote  of  its  members,  to  amalgamate  with  the  <•  board 
of  trustees  of  the  firemen's  pension  fund  "  formed  under  this 
act  in  the  same  city,  village  or  town,  and  thereupon  all  the 


PARKS.  155 

assets  and  property  of  said  relief  association  and  all  its  rights 
and  privileges  shall  be  vested  in  said  board  of  trustees,  and  all 
obligations,  debts  and  liabilities  of  said  association  shall  be 
assumed  and  shall  become  obligations,  debts  and  liabilities  of 
said  board  of  trustees,  and  thenceforward  the  business  of  said 
amalgamated  organizations  shall  be  conducted  under  the  terms 
of  this  act  by  said  board  of  trustees.  [Laws  1893,  p.  112. 

SEC.  21.     Appropriation   for    funeral   expenses, 

etc. —  Whenever  an  active  or  retired  fireman  shall  die,  as 
aforesaid,  the  board  of  trustees  may  appropriate  from  the  fund 
a  sum  not  exceeding  one  hundred  dollars  to  the  widow  or  family 
for  funeral  expenses,  and  may  expend  a  sum  not  exceeding 
fifty  dollars  for  the  expenses  of  the  attendance  of  the  firemen 
at  said  funeral.  [Laws  1893 ,  p.  112. 

SEC.  22.  Who  entitled  to  benefits. —  No  person 
shall  be  entitled  to  or  receive  any  benefit  from  the  fund  except 
a  regular  member  in  good  standing  in  the  fire  department,  his 
widow  and  orphans.  [Laws  1893,  p.  112. 

SEC.  23.  What  cities  may  be  included  in  pro- 
visions of  this  act. — This  act  shall  not  apply  to  any  city, 
village  or  incorporated  town  having  .less  than  20,000  inhabit- 
ants, until  the  provisions  of  said  act  shall  be  adopted  by  two- 
thirds  of  the  qualified  voters  of  such  city,  town  or  village, 
voting  at  a  general  or  special  election  at  which  said  proposition 
shall  be  submitted.  [Laws  1893,  p.  112. 

ARTICLE  XVIII. 
PARKS. 

SECTION  SECTION 

1.    Parks,  how  established.  2.    Lands,  how  condemned. 

SECTION  1.  Parks,  how  established. — Whenever  any 
city  desires  to  establish  a  park  or  pleasure  grounds,  the  common 
council  or  mayor  and  board  of  aldermen  of  such  city  is  hereby 
authorized  and  empowered  to  purchase  or  condemn  lands  in 


156  ARTICLES  OF  INCORPORATION. 

such  city  or  within  one  mile  thereof  for  that  purpose,  and  shall 
by  ordinance  describe  the  metes  and  bounds  of  such  lands  to 
be  purchased  or  condemned  :  Provided,  that  lands  owned  by 
such  city  may  by  ordinance  be  converted,  set  aside  or  appro- 
priated for  parks  or  pleasure  grounds.  \_R.  S.  1889,  Sec. 
1725;  amended  laws  1895,  p.  51. 

SEC.  2.  Lands,  how  condemned. — The  common 
council  or  mayor  and  board  of  aldermen,  in  proceeding  by 
ordinance,  to  purchase  or  condemn  lands  for  the  purpose  in 
the  preceding  section  stated,  shall  proceed  in  the  manner  pro- 
vided in  this  chapter  for  the  several  classes  of  cities  organized 
under  this  chapter  respectively,  or  in  the  manner  provided  in 
the  charter  of  such  city  for  the  condemnation  of  lands  for  the 
establishment  of  streets,  avenues,  alleys  or  market  places,  or 
public  squares  ;  and  on  such  condemnation  and  the  payment 
of  the  appraisement  as  therein  provided,  the  title  of  such  land 
shall  vest  in  such  city  for  the  uses  and  purposes  for  which  it 
was  taken.  [R.  S.  1889,  Sec.  1726;  amended  laws  1895,  p.  51. 

AKTICLE  XIX. 

PUBLIC  LIBRARY. 

SECTION.  SECTION. 

1.  Library  fund— tax    levy  for— elec-  7.    Board  shall  make  annual  report  to 

tion,  etc.  council. 

2.  Directors,  how  appointed.  8.  Council  may  provide  penalties. 

3.  Term  of  office— removal.  9.  Donations,  how  made. 

4.  Vacancies     how   filled— compensa-  10.  Library  building  fund  may  be  cre- 

tion.  ated,  election  for. 

5.  Organization— powers  of  directors  11.    Plans,  etc.,  for  building— contract, 

—funds.  how  let. 

6.  Who  may  use  library— rules.  12.    Power  to  sell  or  exchange  building 

lot. 

SECTION  1.  Library  fund  in  cities,  when  tax  for 
may  be  levied — election,  etc. — When  one  hundred  tax 
paying  voters  of  any  incorporated  city  shall  petition  the  proper 
authorities,  asking  that  an  annual  tax  be  levied  for  the  estab- 
lishment and  maintenance  of  a  free  public  library  in  such 
incorporated  city,  and  shall  specify  in  their  petition  a  rate  of 


PUBLIC  LIBRARY.  157 

taxation,  not  to  exceed  one  mill  on  the  dollar  annually,  and  in 
cities  of  over  one  hundred  thousand  inhabitants,  not  to  exceed 
one-fifth  of  one  mill  annually,  on  all  the  taxable  property  in 
the  city,  such  officers  shall,  in  the  next  legal  notice  of  the  reg- 
ular annual  election  in  such  incorporated  city,  give  notice  that 

at  such  election  every  voter  may  vote  "for  a mill  tax  for 

a  free  public  library,"  or  "against  a mill  tax  for  a  free 

public  library,"  specifying  in  such  notice  the  rate  of  taxation 
mentioned  in  said  petition ;  and  if  the  majority  of  all  the 
votes  cast  in  such  incorporated  city  shall  be  "for  the  tax  for  a 
free  public  library,"  the  tax  specified  in  such  notice  shall  be 
levied  and  collected  in  like  manner  with  other  general  taxes  of 
said  incorporated  city,  and  shall  be  known  as  the  4 'library 
fund:  "  Provided,  that  such  tax  shall  cease  in  case  the  legal 
voters  of  any  such  incorporated  city  shall  so  determine,  by  a 
majority  vote,  at  any  annual  election  held  therein.  \_R.  S. 
1889,  Sec.  1779. 

SEC.  2.  Directors. — When  any  incorporated  city  shall 
have  decided  to  establish  and  maintain  a  public  library  and 
reading  room  under  this  article,  the  mayor  of  such  city  shall, 
with  the  approval  of  the  legislative  branch  of  the  municipal 
government,  proceed  to  appoint  a  board  of  nine  directors  for 
the  same,  chosen  from  the  citizens  at  large,  with  reference  to 
their  fitness  for  such  office  ;  and  no  member  of  the  municipal 
government  shall  be  a  member  of  said  board.  \_R.  S.  1889, 
Sec.  1780. 

SEC.  3.  Term  of  office — removal. — Said  directors 
shall  hold  office  one-third  for  one  year,  and  one-third  for  two 
years  and  one-third  for  three  years  from  the  first  of  June  fol- 
lowing their  appointment,  and  at  their  first  regular  meeting 
shall  cast  lots  for  the  respective  terms ;  and  annually  there- 
after, the  mayor  shall,  before  the  first  of  June  of  each  year, 
appoint,  as  before,  three  directors,  who  shall  hold  office  for 
three  years  and  until  their  successors  are  appointed.  The 
mayor  may,  by  and  with  the  consent  of  the  legislative  branch 


158  ARTICLES  OF  INCORPORATION. 

of  the  municipal  government,  remove  any  director  for  miscon- 
duct or  neglect  of  duty.     [R.  S.  1889,  Sec.  1781. 

SEC.  4.  Vacancies  —  compensation.  —  Vacancies  in 
the  board  of  directors,  occasioned  by  removals,  resignation  or 
otherwise,  shall  be  reported  to  the  city  council,  and  be  filled  in 
like  manner  as  original  appointments,  and  no  director  shall 
receive  compensation  as  such.  [R.  S.  1889,  Sec. 


SEC.  5.     Organization  —  powers   of    directors  - 

funds.  —  Said  directors  shall,  immediately  after  appointment, 
meet  and  organize  by  the  election  of  one  of  their  number 
president,  and  by  the  election  of  such  other  officers  as  they  may 
deem  necessary.  They  shall  make  and  adopt  such  by-laws, 
rules  and  regulations  for  their  own  guidance,  and  for  the 
government  of  the  library  and  reading  room,  as  may  be  exped- 
ient, not  inconsistent  with  this  article.  They  shall  have  the 
exclusive  control  of  the  expenditure  of  all  moneys  collected  to 
the  credit  of  the  library  fund,  and  of  the  construction  of  any 
library  building,  and  of  the  supervision,  care  and  custody  of 
the  grounds,  rooms  or  buildings  constructed,  leased  or  set  apart 
for  that  purpose  :  Provided  that  all  moneys  received  for  such 
library  shall  be  deposited  in  the  treasury  of  said  city  or  village 
to  the  credit  of  the  library  fund,  and  shall  be  kept  separate  and 
apart  from  other  moneys  of  such  city  or  village,  and  drawn 
upon  by  the  proper  officers  of  said  city  or  village,  upon  the 
properly  authenticated  vouchers  of  the  library  board.  Said 
board  shall  have  power  to  purchase  or  lease  grounds,  to  occupy, 
lease  or  erect  an  appropriate  building  or  buildings  for  the  use 
of  the  said  library  ;  shall  have  power  to  appoint  a  suitable 
librarian  and  necessary  assistants,  and  fix  their  compensation, 
and  shall  also  have  power  to  remove  such  appointees  ;  and  shall 
in  general  carry  out  the  spirit  and  intent  of  this  article,  in  estab- 
lishing and  maintaining  a  public  library  and  reading  room. 
[R.  S.  1889,  Sec.  1783. 

SEC.   6.     Who  may  use  library.  —  Every  library  and 
reading  room  established  under  this  article  shall  be  forever 


PUBLIC  LIBRARY.  159 

free  to  the  use  of  the  inhabitants  of  the  city  where  located, 
always  subject  to  such  reasonable  rules  and  regulations  as  the 
library  board  may  adopt  in  order  to  render  the  use  of  said 
library  and  reading  room  of  the  greatest  benefit  to  the  greatest 
number  ;  and  said  board  may  exclude  from  the  use  of  said 
library  and  reading  room  any  and  all  persons  who  shall  wilfully 
violate  such  rules  ;  and  said  board  may  extend  the  privileges 
and  use  of  such  library  and  reading  room  to  persons  residing 
outside  of  such  city  in  this  state,  upon  such  terms  and  condi- 
tions as  said  board  may,  from  time  to  time,  by  its  regulations, 
prescribe.  [7?.  8.  1889,  Sec.  1784. 

SEC.  7.     Annual  report,   what   to   contain. —  The 

said  board  of  directors  shall  make,  on  or  before  the  second 
Monday  in  June,  an  annual  report  to  the  city  council,  stating 
the  condition  of  their  trust  on  the  first  day  of  May  of  that  year, 
the  various  sums  of  money  received  from  the  library  fund  and 
from  other  sources,  and  how  such  moneys  have  been  expended 
and  for  what  purposes  ;  the  number  of  books  and  periodicals 
on  hand,  the  number  added  by  purchase,  gift  or  otherwise 
du  ing  the  year  ;  the  number  and  general  character  and  kind 
of  such  books,  with  such  other  statistics,  information  and  sug- 
gestions as  they  may  deem  of  general  interest.  All  such 
portions  of  said  report  as  relate  to  the  receipt  and  expenditure 
of  money,  as  well  as  the  number  of  books  on  hand,  books  lost 
or  missing,  and  books  purchased,  shall  be  verified  by  affidavit. 
[7?.  8.  1889,  Sec.  1785. 

SEC.  8.  Council  may  provide  penalties. — The  city 
council  of  said  city  or  village  shall  have  power  to  pass  ordin- 
ances imposing  suitable  penalties  for  the  punishment  of  persons 
committing  injury  upon  such  library  or  the  grounds  or  other 
property  thereof,  and  for  injury  to  or  failure  to  return  any 
book  belonging  to  such  library.  [R.  S.  1889,  Sec.  1786. 

SEC.  9.  Donations. — Any  person  desiring  to  make 
donations  of  money,  personal  property  or  real  estate  for  the 


160  ARTICLES  OF  INCORPORATION. 

benefit  of  such  library,  shall  have  the  right  to  vest  the  title  to 
the  money  or  real  estate  so  donated  in  the  board  of  directors 
created  under  this  article,  to  be  held  and  controlled  by  such 
board,  when  accepted  according  to  the  terms  of  the  deed,  gift, 
devise  or  bequest  of  such  property  ;  and  as  to  such  property 
the  said  board  shall  be  held  and  considered  to  be  special 
trustees.  \_E.  S.  1889,  Sec.  1787. 

SEC.  10.  How  library  building  fund  may  be 
created — election,  how  and  when  ordered. — When- 
ever in  any  incorporated  city  which  has  decided  or  shall  here- 
after decide  to  establish  and  maintain  a  public  library  and 
reading  room  under  the  provisions  of  the  act  entitled  "An  act 
relating  to  libraries  in  cities,  villages,  towns  and  townships, " 
approved  April  10,  1885,  [sections  1  to  9  inclusive  of  this 
article]  one  hundred  taxpaying  voters  of  any  such  incorporated 
city  shall  petition  the  proper  authorities,  asking  that  an  annual 
tax  be  levied  as  an  increased  rate  of  taxation  for  the  erection 
of  a  free  public  library  building  in  such  incorporated  city,  and 
shall  specify  in  their  petition  a  rate  of  taxation  not  to  exceed 
one  and  one-half  mills  on  the  dollar  annually,  and  not  to  be 
levied  for  more  than  five  years  on  all  taxable  property  in  such 
incorporated  city,  and  the  board  of  directors  of  the  free  public 
library  of  such  incorporated  city  shall  deem  it  necessary  that 
such  library  building  should  be  erected,  and  so  express  its 
opinion  by  resolution,  then  the  proper  authorities  of  such 
incorporated  city  shall,  in  the  next  legal  notice  of  a  regular  elec- 
tion in  such  incorporated  city,  give  notice  that  at  such  election 
every  voter  may  vote  for  an  annual  increased  rate  of  taxation 

for years  of mills  tax  per  annum  for  the  erection  of 

a  free  public  library  building,  specifying  in  such  notice  the 
rate  of  taxation  mentioned  in  such  petition  and  the  period  for 
which  it  is  to  be  levied,  and  if  two-thirds  of  the  qualified  voters 
of  such  incorporated  city  voting  at  such  election  shall  vote 
ufor  the  increased  tax  for  the  erection  of  a  free  public  library 
building"  the  tax  specified  in  such  notice  shall  be  levied  and 


PUBLIC  LIBRARY.  161 

collected  in  like  manner  with  other  general  taxes  of  said  incor- 
porated city,  and  shall  be  known  as  uthe  library  building 
fund,"  arid  shall  be  subject  to  the  exclusive  control  of  said 
board,  and  shall  bo  drawn  upon  by  the  proper  officers  of  such 
city  upon  the  properly  authenticated  vouchers  of  said  board,  and 
be  used  for  the  erection  of  the  library  building.  The  fund 
hereby  provided  for  the  erection  of  a  free  public  building  in 
any  such  incorporated  city  shall  be  in  addition  to  the  annual 
tax  levied  for  the  establishment  and  maintenance  of  such  free 
public  library.  [Laws  1897 ,  p.  50. 

SEC.  11.     Plans  and  specifications  to  be  prepared 

and  contract  let. — When  it  shall  have  been  determined  at 
such  election  to  provide  for  the  election  of  a  free  public 
library  building,  as  hereinbefore  provided,  the  board  of 
directors  of  such  public  library  shall  proceed  to  have  plans  and 
specifications  of  a  public  library  building  prepared,  and  shall 
then  take  bids  thereon  for  the  construction  of  said  building 
and  shall  let  the  contract  therefor  to  the  lowest  and  best 
responsible  bidder,  and  shall  require  of  such  bidder  securities 
for  the  performance  of  his  bid.  The  board  may,  however,  let 
parts  of  the  material  or  labor  for  the  erection  of  the  building 
to  different  bidders,  as  to  it  may  seem  best.  [Laws  1897,  p.  50. 

SEC.  12.  Board  empowered  to  sell  or  exchange 
building  lot. — Wherever  the  board  of  directors  of  any  pub- 
lic library  shall  have  acquired,  or  shall  hereafter  acquire,  a  lot 
or  tract  of  land,  and  said  board  may  determine  that  it  is  not 
judicious  to  erect  the  library  building  upon  such  lot,  said  board 
is  empowered  to  sell  or  exchange  such  lot  and  to  use  the  pro- 
ceeds of  such  sale  or  exchange  for  the  purposes  of  a.  site  for  a 
library  building,  or  for  the  erection  of  a  library  building  on 
any  other  land  purchased  or  leased  Vy  or  donated  to  said 
board  and  which  it  may  deem  suitable  to  said  building : 
Provided,  This  act  shall  not  apply  to  cities  under  ten  thousand 
inhabitants.  [Laws  1897,  p.  50. 


162  ARTICLES  OF  INCORPORATION. 


ARTICLE  XX. 

CHAKITY  BOARD. 

SECTION.  SECTION. 

1.  Charity  boards  created  in  counties  4.    Duty  of  treasurer. 

containing   cities    of  50,000   and  5.    Records  of  proceedings  to  be  kept 

less   than   100,000    inhabitants—  and  report  to  be  made  to  mayor, 

powers  and  duties  of  board.  6.    Duty  of  board  as  to  applicants  for 

2.  Board  how   constituted — terms  of  relief. 

office  of  members.  ?•    Police  commissioners    and   health 

3.  Organization    of    board  — salaries  officers  to  aid  charity  board. 

and  fees  of  officials. 

SECTION  1.  Charity  boards  created  in  counties 
containing:  cities  of  5O,OOO  and  less  than  1OO,OOO 
inhabitants — powers  and  duties  of  board. — In  all 

'Counties  in  this  state  that  now  or  may  hereafter  contain  cities 
•of  more  than  fifty  thousand  and  less  than  one  hundred  thous- 
and inhabitants,  there  is  hereby  created  and  established  a 
fooard,  which  shall  be  styled  "  The  charity  board  of  the  city  of 

."     All    the    powers    and    duties    connected    with  and 

incident  to  the  relief  and  care  of  the  outdoor  poor  of  such 
cities  shall  be  vested  in  and  exercised  by  said  board,  who  shall 
have  power  to  receive  and  disburse  donations  for  the  relief  of 
the  poor,  and  shall  have  exclusive  control  of  and  dispense  all 
public  funds  set  aside  and  -  appropriated  by  such  cities  and 
counties  for  outdoor  or  temporary  relief  or  aid  to  indigent, 
helpless  or  poor  persons  within  the  limits  of  such  cities. 
Said  board  shall  have  power  to  sue  and  be  sued,  complain  and 
defend  in  all  courts,  to  assume  the  care  of  or  take  by  gift, 
grant,  devise,  bequest  or  otherwise  any  money,  real  estate, 
personal  property,  right  of  property  or  other  valuable  thing, 
and  may  use,  enjoy,  control,  sell  or  convey  the  same  for  char- 
itable purposes,  to  have  and  use  a  common  seal  and  alter  the 
same  at  pleasure.  Said  board  may  make  by-laws  for  its  own 
guidance,  rules  and  regulations  for  the  government  of  its 
agents,  servants  and  employes,  and  for  the  distribution  of  the 
funds  under  its  control.  [Laws  1897,  p.  1$. 


CHARITY  BOARD.  163 

SEC.  2.  Board  how  constituted — terms  of  office 
of  members. — Said  board  shall  be  non-partisan  and  non- 
sectarian  in  character,  and  the  members  and  officers  thereof 
shall  receive  no  compensation  as  such.  Said  board  shall  con- 
sist of  the  mayor  of  such  cities  and  the  president  of  the  county 
court  of  such  counties,  who  shall  be  ex-officio  members  thereof, 
and  six  other  members,  three  of  whom  shall  be  appointed  by 
the  county  court  of  such  counties,  who  shall  hold  office,  one 
for  one  year,  one  for  two  years  and  one  for  three  years,  whose 
terms  of  office  shall  be  designated  by  such  county  court,  three 
by  the  mayor  and  common  council  of  such  cities,  who  shall 
hold  office,  one  for  one  year,  one  for  two  years  and  one  for 
three  years,  whose  terms  of  office  shall  be  designated  by  the 
mayor.  Whenever  the  term  of  office  of  any  member  so 
appointed  expires,  the  appointment  of  his  successor  shall  be 
for  three  years.  All  such  appointments  shall  date  from  the 
first  of  June  following  their  appointment.  Vacancies  from 
any  cause  shall  be  filled  in  like  manner  as  original  appoint- 
ments. The  mayor  may,  for  misconduct  or  neglect  of  duty, 
remove  any  member  appointed  by  him  in  the  manner  required 
for  removal  of  officers  of  such  cities.  The  county  court  may, 
by  a  majority  vote,  for  misconduct  or  neglect  of  duty,  remove 
any  member  appointed  by  them.  [Laws  1897,  p.  ^3. 

SEC.  3.  Organization  of  board — salaries  and 
fees  of  officials. — Said  members  shall  immediately  after 
their  appointment,  and  annually  thereafter,  meet  and  organize 
by  electing  out  of  their  number  a  president,  vice-president, 
treasurer  and  secretary.  All  subordinate  officers,  agents  and 
employes  appointed  by  said  board  shall  hold  their  positions  at 
the  pleasure  of  the  board,  and  each  shall  give  such  bonds  for 
the  faithful  discharge  of  their  duties  as  may  be  required  by  the 
board.  The  total  combined  expenditures  for  salaries  and  fees 
of  the  subordinate  agents  and  employes  of  the  board  shall  in 
no  event  exceed  the  sum  of  seventy-five  dollars  in  any  one 
month,  which  shall  be  paid  out  of  the  funds  of  said  board. 
[Laws  1897,  p.  43. 


ARTICLES  OF  INCORPORATION. 

SEC.  4.  Duty  of  treasurer. — All  moneys  received  or 
appropriated  for  the  use  of  said  board  shall  be  deposited  with 
the  treasurer  of  said  board  to  its  credit  and  subject  to  its  order, 
and  may  be  drawn  upon  by  the  proper  officers  of  said  board  ; 
the  treasurer  shall  give  good  and  sufficient  bond  to  said  board 
for  the  safe  keeping  and  proper  expenditure  of  all  funds  placed 
in  his  hands  by  or  for  the  use  of  said  board.  [Laws  1897,  p.  J$. 

SEC.   5.     Records  of  proceeding's  to  be  kept  and 

report  to  be  made  to  mayor. — It  shall  be  the  duty  of  said 
board  to  keep  a  record  of  its  proceedings  and  of  its  receipts, 
expenditures  and  operations,  and  shall  annually  render  a  full 
and  complete  itemized  report  stating  the  condition  of  their 
trust,  together  with  such  suggestions  as  they  may  deem  of 
general  interest  to  the  mayor  and  common  council  of  said  cities, 
and  the  county  courts  of  said  counties  :  Provided,  said  board 
shall  render  reports  concerning  receipts,  expenditures,  opera- 
tions, etc.,  whenever  called  for  by  the  common  council  of  said 
cities  or  the  county  court  of  said  counties.  [Laws  1897,  p.  4$- 

SEC.   6.     Duty  of  board  as  to  applicants  for  relief. 

—It  shall  be  the  duty  of  said  board,  when  any  person  by  him- 
self, herself  or  another  apply  for  relief,  to  make  immediate 
inquiry  into  the  state  and  circumstances  of  the  applicant,  and 
if  it  shall  appear  that  he  or  she  is  in  such  indigent  circum- 
stances as  to  require  temporary  relief,  the  said  board  shall 
furnish,  out  of  the  funds  in  their  hands,  such  relief  as  the  cir- 
cumstances of  the  case  may  require  :  Provided,  that  in  all 
cases  where  the  applicant  for  aid  may  be  found  deserving,  and 
said  applicant  or  a  member  of  said  applicant's  family  is  an  able 
bodied  male  person  capable  of  performing  manual  labor,  said 
board  shall  require  such  person  to  perform  work  to  the  value  of 
the  aid  given,  and  the  city  engineer  and  the  street  commis- 
sioner of  such  cities  in  their  respective  departments  are  required 
to  utilize  the  services  of  such  able  bodied  persons  upon  receiving 
notice  from  said  board  that  such  person  has  received  or  is 
entitled  to  such  aid.  Where  the  applicant  or  a  member  of  the 


POLICE  FORCE — COMMISSIONERS. 


165 


applicant's  family  is  an  able  bodied  female,  said  board  shall, 
whenever  practicable,  require  that  labor  to  the  value  of  the  aid 
given  be  performed.  [Laws  1897,  p.  43. 

SEC.  7.  Duty  of  police  commissioners  to  aid 
charity  board. — It  shall  be  the  duty  of  the  board  of  police 
commissioners  of  said  cities  and  the  health  officers  of  said  cities 
and  counties,  to  render  said  charity  board,  its  officers  or  agents, 
such  aid  as  may  be  requested  by  them  or  either  of  them,  when- 
ever such  aid  requested  shall  reasonably  come  within  the  duties 
of  said  police  board,  its  agents  or  officers  or  of  the  health 
officers  aforesaid.  [Laws  1897,  p.  43. 


AKTICLE  XXL 


POLICE  FORCE-COMMISSIONERS. 


SECTION 


1.  City  officers  not  to  interfere  with 

police. 

2.  Charter  creating  office  of  chief  of 

police  repealed. 

3.  Board  of  police  commissioners  es- 

tablished. 

4.  Governor  to  appoint,  term  of  office. 

5.  Duties  of  commissioners. 

6.  Appointment  of  permanent  police 

force. 

7.  Police  officers. 

8.  Salary  of  policemen. 

9.  Salary  of  police  officers. 

10.  Vacancies,  how  filled. 

11.  Police  not  to  receive  extra  money. 

12.  Office  of  board,  police  districts  and 

station  houses. 


SECTION 

13.  Police  force  to  pass  under  control 

of  board. 

14.  Statement,  appropriations  thereon, 

emergencies . 

15.  Penalty  for  resisting  enforcement 

of  act. 

16.  Persons  arrested  to  be  brought  be- 

fore judge  of  police  court. 

17.  Board  to  keep  journal  of  their  pro- 

ceedings. 

18.  Members  of  force  officers  of  both 

city  and  state. 

19.  Regulations  of  private  watchmen. 

20.  Special  policemen  to  be  appointed 

on  recommendation  of   humane 
society. 


SECTION  1.  City  ordinances  defined. — The  common 
council  of  cities  of  the  second  class  is  hereby  empowered  and 
authorized  to  pass  all  needful  ordinances  for  preserving  order, 
securing  property  and  persons  from  violence,  danger  or 
destruction,  protecting  public  and  private  property,  and  for 
promoting  the  general  interest  and  insuring  the  good  govern- 
ment of  such  city,  but  no  ordinance  heretofore  passed,  or  that 
may  hereafter  be  passed,  by  the  common  council  of  any  such 
city,  shall  in  any  manner  conflict  or  interfere  with  the  powers 


166  ARTICLES  OF  INCORPORATION. 

or  the  exercise  of  the  powers  of  the  board  of  police  commis- 
sioners of  such  city  as  hereinafter  created  ;  nor  shall  such  city, 
or  any  officer  or  agent  of  the  corporation  of  such  city,  or  the 
mayor  thereof,  in  any  manner  impede,  obstruct,  hinder  or 
interfere  with  the  said  board  of  police  commissioners,  or  any 
officer  or  agent  or  servant  therefor  or  thereunder.  \_R.  8. 
1889,.  Sec.  1446. 

SEC.  2.     Charter  creating  office  of  chief  of  police 

repealed. — So  much  of  the  charter,  laws  and  ordinances  of 
cities  of  the  second  class  as  authorize,  create  and  establish 
the  office  of  chief  of  police  of  such  cities,  and  provide  for  the 
manner  of  filling  of  said  office  of  chief  of  police,  and  so  much 
of  the  charter  and  ordinances  of  such  cities  as  authorize  the  com- 
mon council  and  the  mayor,  or  either  of  them,  to  appoint,  pay 
and  regulate  the  police  of  such  cities,  be  and  the  same  are 
hereby  repealed.  [72.  8.  1889,  Sec.  1447. 

SEC.  3.  Board  of  police  commissioners  estab- 
lished.— There  shall  be  and  is  hereby  established  within  and 
for  cities  of  the  second  class  a  board  of  police,  to  be  called 

the  police  commissioners  of  the  city  of ,  to  consist 

of  three  commissioners,  as  hereinafter  provided.  Said  board 
shall  appoint  one  of  their  number  president,  who  shall  preside 
at  all  meetings  of  the  board.  The  said  commissioners  shall  be 
citizens  of  the  state  of  Missouri,  and  shall  have  been  residents 
of  such  city  for  the  period  of  two  years  prior  to  their  appoint- 
ment ;  and  they  shall,  except  as  hereinafter  provided,  hold 
their  offices  for  three  years,  and  until  their  respective  successors 
are  appointed  and  qualified,  and  shall  each  receive  a  salary  not 
to  exceed  five  hundred  dollars  per  annum,  payable  quarterly. 
Before  entering  on  the  duties  of  their  said  office,  the  said  com- 
missioners shall  take  and  subscribe  before  the  judge  of  the 
circuit  court  of  the  county  in  which  any  such  city  may  be,  or 
the  clerk  thereof  in  vacation,  the  oath  or  affirmation  prescribed 
by  the  constitution  of  the  state  of  Missouri,  and  they  shall 
each,  also,  take  and  subscribe  before  the  same  judge  or  clerk 


POLICE  FORCE — COMMISSIONERS.  16T 

the  further  oath  or  affirmation  that  in  any  and  every  appoint- 
ment or  removal  to  be  by  them  made  to  or  from  the  police 
force  created,  and  to  be  organized  by  them  under  section  1451, 
they  will  in  no  case,  and  under  no  pretext,  appoint  or  remove 
any  policeman  or  officer  of  police  or  other  person  under  them, 
for  or  on  account  of  the  political  opinions  of  such  policeman^ 
officer  or  other  person,  or  for  any  other  cause  or  reason  than- 
the  fitness  or  unfitness  of  such  person,  in  the  best  judgment  of 
said  commissioners,  for  the  place  to  which  he  shall  be  appointed, 
or  from  which  he  shall  be  removed.  The  said  oaths  or  affirma- 
tions shall  be  recorded  and  preserved  among  the  records  of 
said  circuit  court.  One  of  their  own  number  shall  be  appointed 
from  time  to  time  by  said  commissioners,  treasurer  of  said 
board  of  police,  and  his  appointment,  when  made,  shall  be 
certified  to  the  clerk  of  the  circuit  court  of  such  county,  under 
the  seal  of  said  board.  Said  treasurer  shall  hold  his  office  for 
such  term  as  may  be  designated  by  the  commissioners,  who 
may  remove  him  at  pleasure,  and  he  shall  be  entitled  to  two 
hundred  dollars  additional  compensation  per  annum  for  acting 
in  that  capacity.  Before  he  enters  on  the  duties  of  his  office 
as  treasurer,  he  shall  give  bond  to  the  state  of  Missouri,  with 
one  or  more  sureties,  in  the  penal  sum  of  twenty  thousand 
dollars,  conditioned  for  the  faithful  discharge  of  his  duties  as 
treasurer  of  the  board  of  police,  and  for  the  faithful  application 
and  payment,  pursuant  to  the  order  and  direction  of  said  board, 
of  all  moneys  that  may  come  to  his  hands  as  treasurer.  The 
bond  of  the  treasurer  shall  be  approved  by  the  judge  of  the 
circuit  court  of  such  county,  and  shall  be  delivered  to  and 
safely  kept  by  the  comptroller  of  such  city  ;  a  majority  of  the 
board  of  police  shall  constitute  a  quorum  for  the  transaction 
of  business.  In  case  a  vacancy  shall  occur  in  said  board,  the 
same  shall  be  filled  by  the  governor  of  the  state  of  Missouri 
forthwith,  after  having  been  notified  that  such  vacancy  exists. 
Any  one  of  said  commissioners,  who,  during  the  term  of  his 
office,  shall  accept  any  other  place  of  public  trust  or  emolu- 
ment, or  who,  during  the  same  period,  shall  knowingly  receive 


16$  ARTICLES  OF  INCORPORATION. 

any  nomination  for  an  elective  office  by  the  people  without 
publicly  declining  the  same  within  twenty  days  succeeding  such 
nomination,  shall  be  deemed  to  have  thereby  vacated  his  office. 
For  official  misconduct,  any  of  said  commissioners  may  be 
removed  by  the  governor  of  the  state  of  Missouri,  upon  his 
being  fully  satisfied  that  the  commissioner  or  commissioners 
charged  is  or  are  guilty  of  the. alleged  official  misconduct. 
[R.  S.  1889,  Sec.  1443. 

SEC.   4.     Governor  to  appoint — term  of  office.— 

The  governor  of  the  state  of  Missouri  shall,  without  unneces- 
sary delay,  appoint  three  commissioners,  the  senate  concurring 
therein,  as  provided  for  in  the  preceding  section  ;  and  said 
commissioners  shall  hold  their  office,  one  for  one  year,  one  for 
two  years  and  one  for  three  years  from  the  date  of  their  ap- 
pointment and  until  their  successors  shall  have  been  appointed 
and  qualified.  The  governor  shall  issue  commissions  to  the 
persons  so  appointed,  designating  the  time  for  which  they  are 
severally  appointed;  and  whenever  the  term  of  office  of  any 
commissioner  expires,  the  appointment  of  his  successor  shall 
be  for  three  years.  \_R.  S.  1889,  Sec.  1449. 

SEC.  5.  Duties  of  commissioners. — The  duties  of 
the  board  of  police  hereby  created  shall  be  as  follows:  They 
shall  at  all  times  of  the  day  and  night,  within  the  boundaries  of 
any  city  of  the  second  class,  as  well  on  water  as  on  land,  pre- 
serve the  public  peace,  prevent  crime  and  arrest  offenders, 
protect  the  rights  of  person  or  property,  and  guard  the  public 
health,  preserve  order  at  every  public  election  and  at  all  the 
public  meetings  and  places,  and  on  all  public  occasions,  prevent 
and  remove  nuisances  on  all  streets,  alleys,  highways,  waters  and 
other  places,  provide  a  proper  police  force  at  every  fire  for  the 
protection  of  firemen  and  property,  protect  immigrants  and 
travelers  at  steamboat  landings  and  railway  stations;  see  that 
all  laws  relating  to  elections  and  to  the  observance  of  Sunday, 
and  relating  to  pawnbrokers,  intemperance,  lotteries  and  lottery 
policies,  vagrants,  disorderly  persons,  are  enforced;  and  sup- 


POLICE  FORCE — COMMISSIONERS.  169 

press  gambling  and  bawdy  houses  and  every  other  manner 
and  kind  of  disorder  and  offense  against  law  and  the  public 
health.  They  shall  also  enforce  all  laws  and  ordinances  passed 
or  which  may  hereafter  be  passed  by  the  common  council  of 
such  city,  not  inconsistent  with  the  provisions  of  this  article  or 
any  other  law  of  the  state  which  may  be  properly  enforcible 
by  a  police  force.  In  case  they  shall  have  reason  to  believe 
that  any  person  within  said  city  intends  to  commit  any  breach 
of  the  peace  or  violation  of  law  or  order  beyond  the  city  limits, 
or  any  person  charged  with  the  commission  of  crime  in  such 
city,  and  against  whom  criminal  process  shall  have  been  issued, 
such  person  may  be  arrested  upon  the  same  in  any  part  of  this 
state  by  the  police  force  created  or  authorized  by  Section  1451: 
Provided,  however,  that  before  the  person  so  arrested  shall  be 
removed  from  the  county  in  which  said  arrest  is  made,  he  shall 
be  taken  before  some  judge  or  justice  of  the  peace  of  that 
•county,  to  whom  the  papers  authorizing  such  arrest  shall  be 
submitted;  and  the  person  so  arrested  shall  not  be  removed 
from  said  county,  but  shall  forthwith  be  discharged,  unless 
such  judge  or  justice  of  the  peace  shall  approve  and  indorse 
said  papers.  The  said  police  commissioners,  or  either  of  them, 
shall  have  power  to  administer  oaths  of  affirmations  on  the 
premises  to  any  person  appearing  or  called  before  them.  They 
shall  also  have  the  power  to  summon  and  compel  the  attend- 
ance of  witnesses  before  them  whenever  it  may  be  necessary 
for  the  more  effectual  discharge  of  their  duties.  \_R.  S.  1SS9, 
Sec.  1460. 

SEC.  6.  Appointment  of  permanent  police 
force. — To  enable  said  board  to  perform  the  duties  imposed 
upon  them,  they  are  hereby  authorized  and  required,  as 
speedily  as  may  be,  to  appoint,  enroll  and  employ  a  perma- 
nent police  force  for  the  city  for  which  they  are  appointed, 
which  they  shall  equip  and  arm  as  they  may  judge  necessary. 
The  number  of  policemen  to  be  so  appointed  and  employed, 
exclusive  of  officers,  shall,  at  the  first  organization,  be  not 
exceeding  the  number  now  employed  by  the  corporate  author- 


170  ARTICLES  OF  INCORPORATION. 

ities  of  any  such  city,  but  the  common  council  of  such  city- 
shall  have  power  to  increase  the  police  force  at  any  time  to 
any  number  recommended  by  the  board  of  police  commis- 
sioners; and  said  commissioners  may  reduce  the  present  or 
any  future  number  of  police,  as  experience  may  warrant: 
Provided,  however,  that  for  extroardinary  emergencies  the 
board  of  police  may  raise  such  additional  force  as  the  exigen- 
cies may,  in  their  judgment,  demand.  No  person  shall  be 
appointed  or  employed  as  regular  policeman  or  officer  of 
police  who  shall  have  been  convicted  of,  or  against  whom  any 
indictment  may  be  pending  for  any  offense,  the  punishment 
for  which  may  be  confinement  in  the  state  penitentiary;  nor 
shall  any  person  be  so  appointed  who  is  of  notoriously  bad 
character,  or  who  is  not  a  citizen  of  the  United  States,  or  who 
is  not  able  to  read  and  write  the  English  language,  or  who 
does  not  possess  ordinary  physical  courage.  The  policeman 
shall  be  employed  to  serve  for  three  years  and  be  subject  to 
removal  only  for  cause  after  a  hearing  by  the  board,  who  are 
hereby  vested  with  exclusive  jurisdiction  in  the  premises. 
Any  policeman  whose  term  of  service  shall  expire,  and  who 
during  his  appointment  shall  have  faithfully  performed  his 
duty,  shall,  if  otherwise  qualified,  be  preferred  by  the  board 
in  making  their  new  appointments.  \_fi.  S.  13S9,  Sec. 


SEC.  7.  Police  officers.  —  The  officers  of  the  police 
shall  be  as  follows:  One  chief  of  police,  who,  in  addition  to 
other  duties,  shall  perform  the  same  duties  as  have  heretofore 
been  performed  by  the  chief  of  police,  not  inconsistent  with 
the  provisions  of  this  article,  and  who  shall  give  bond,  with 
security  to  be  approved  by  the  board,  in  the  penal  sum  of  ten 
thousand  dollars,  conditioned  for  the  faithful  performance  of 
his  duties;  one  captain,  not  exceeding  two  sergeants,  and  one 
turnkey.  They  shall  be  appointed  by  the  board  for  such  time 
as  the  board  shall  determine,  and  be  subject  to  removal  by  the 
board  for  cause,  as  in  the  case  of  policemen.  \It.  S.  1889  y 
Sec.  1462. 


POLICE  FORCE — COMMISSIONERS.  171 

SEC.   8.     Salary    of   policemen. — The     pay    of    the 

ordinary  policeman  shall  be  not  less  than  sixty-five  nor  more 
than  seventy-five  dollars  per  month,  payable  monthly;  and  in 
case  the  board  shall  appoint  detective  policemen,  which  they 
may  do  to  the  number  of  two,  the  said  detectives  shall  receive 
a  like  sum,  payable  monthly.  [jK.  &.  1889,  Sec.  14-53. 

SEC.  9.  Salary  of  police  officers. — The  officers  of 
police  shall  be  paid  monthly,  and  their  pay  shall  be  as  follows: 
the  chief  shall  receive  not  less  than  two  thousand  dollars  nor 
more  than  twenty-five  hundred  dollars  per  annum,  each  ser- 
geant not  to  exceed  one  hundred  dollars  per  month,  each 
turnkey  not  to  exceed  fourteen  dollars  per  week,  and  each 
captain  not  to  exceed  one  hundred  dollars  per  month.  \It.  S. 
1889,  Sec.  1454. 

SEC.  10.  Vacancies,  how  filled.  —  Whenever  any 
vacancy  shall  take  place  in  any  grade  of  officers  except  the 
chief,  it  shall  be  filled  from  the  next  lowest  grade,  if  compe- 
tent men  can  be  found  therein.  The  said  board  of  police  i& 
hereby  authorized  to  make  and  enforce  all  such  rules  and 
regulations  not  inconsistent  with  this  article  as  they  may  deem 
necessary  for  the  appointment,  employment,  uniforming,  disci- 
pline, trial  and  government  of  the  police,  and  for  the  relief 
and  compensation  of  members  of  the  police  force  injured  in 
person  or  property  in  the  discharge  of  their  duty,  and  the  fam- 
ilies of  the  officers  or  men  killed  whilst  in  such  discharge  of 
duty  :  Provided,  that  such  allowance  shall  not  exceed  in  any 
one  instance  twelve  months  pay.  The  said  board  shall  also 
have  power  to  require  of  any  officer  or  policeman  a  bond,  with 
security,  whenever  they  may  consider  it  demanded  by  the  pub- 
lic interest.  All  lawful  rules  and  regulations  made  by  the 
board  shall  be  obeyed  by  the  police  force  on  pain  of  dismissal, 
or  such  lighter  punishment,  either  by  suspension,  fine,  reduct- 
ion or  forfeiture  of  pay,  or  otherwise,  as  the  board  may 
adjudge.  \R.  S.  1889,  Sec.  1455. 


172  ARTICLES  OF  INCORPORATION. 

SEC.  11.  Officers  and  policemen  not  to  receive 
extra  money. — No  officer  or  policeman  shall  be  allowed  to 
receive  any  money  or  gratuity  or  compensation  for  any  service 
he  may  render,  without  the  consent  of  said  board;  and  all 
such  moneys  as  any  policeman  or  police  officer  may  be  so  per- 
mitted to  receive  shall  be  paid  over  to  the  board,  and  all  such 
moneys  over  and  above  the  amount  or  amounts  which  the 
board  may  allow  any  policeman  or  policemen,  or  officer  or 
officers,  out  of  any  moneys  received  by  him  or  them  as  com- 
pensation for  services  rendered  by  him  or  them,  together  with 
the  proceeds  of  all  fines  and  unreclaimed  property  which  may 
come  to  the  possession  of  the  board  or  be  received  by  them 
under  the  provisions  of  this  section,  or  any  other  law  or  ordi- 
nance, shall  be  paid  into  the  city  treasury.  [7?.  &.  1889, 
Sec.  1456. 

SEC.  12.  Office  of  board — police  districts  and 
station  houses. — The  common  council  of  such  city  shall  be 
and  they  are  hereby  authorized  to  provide  said  board  with  an 
office  and  office  furniture,  as  they  may  need.  Said  board  shall 
have  and  use  a  common  seal.  Said  board  shall  have  the 
power  to  appoint  their  secretary,  who  shall  receive  a  salary  of 
not  less  than  one  thousand  dollars  nor  more  than  twelve  hun- 
dred dollars  per  annum,  and  said  board  shall  appoint  such 
other  subordinates  as  they  may  need,  at  such  compensation  as 
may  be  fixed  by  the  board.  Said  board  may  divide  the  city 
into  the  needful  number  of  police  districts,  and  provide  each 
of  them,  if  necessary,  a  station  house  or  houses,  with  all  things 
and  attendants  required  for  the  same,  and  all  such  other 
accommodations  as  may  be  required  for  the  use  of  the  police. 
The  said  board,  for  all  the  purposes  of  this  article,  shall  have 
the  use  of  all  station  houses,  watch-boxes,  firearms,  equipments, 
accoutrements  and  other  accommodations  and  things  hereto- 
fore provided  by  such  city  for  the  use  and  service  of  the  police, 
as  fully  and  to  the  same  extent  as  the  same  are  now  amd  may 
be  used  by  or  for  the  present  police  force  ;  and  the  mayor  and 
common  council,  and  all  persons  and  municipal  officers  in 


POLICE  BOARD — COMMISSIONERS.  178 

charge  thereof,  are  hereby  ordered  and  required  to  allow  such 
use  accordingly.  In  case  the  said  mayor  and  common  council 
of  said  city,  or  their  officers  or  agents,  refuse  or  neglect  to 
allow  such  use  when  the  same  shall  be  required  by  said 
board,  the  said  board  may  apply  to  the  circuit  court  of  the 
county  in  which  the  city  is,  in  the  name  of  the  state  of  Mis- 
souri, for  a  mandamus  to  compel  a  compliance  with  the  pro- 
visions of  this  section,  and  the  application  therefor  shall  be 
heard  and  decided  by  said  court.  One  week's  notice  of  the 
application  shall  be  given,  and  the  respondent  or  respondents 
shall  have  the  right  to  answer  within  one  week,  and  if  testi- 
mony be  needed  on  either  side,  the  same  shall  be  taken  within 
en  days  after  the  answer  is  filed  or  the  said  week  shall  have 
expired.  From  the  decision  of  the  circuit  court  in  the 
premises  either  party  may  appeal  within  ten  days;  and  it  shall 
be  the  duty  of  the  clerk  of  said  court  to  send  up  the  record 
immediately,  and  the  appeal  shall  be  heard  by  the  supreme 
court,  if  then  in  session,  and  if  not  in  session,  at  the  next 
term.  In  both  courts  the  case  shall  be  taken  up  and  tried  in 
preference  to  all  others.  [R.  S.  1889,  Sec.  14-57. 

SEC.  13.  Police  force  to  pass  under  control  of 
board. — So  soon  as  the  board  created  by  section  1448  shall 
hold  their  first  meeting,  it  shall  be  their  duty  to  inform  the 
chief  of  police  and  the  other  officers  of  the  police  force  of  such 
city,  that  they  require  their  attendance  upon  them  and  obedi- 
ence to  their  orders.  For  failure  to  attend  as  required,  and 
for  each  and  every  failure  to  obey  the  lawful  orders  of  said 
board,  the  officers  so  notified  shall  be  fined  in  any  sum  not 
exceeding  five  hundred  dollars,  to  be  recovered  by  action  at 
law  instituted  by  said  board,  in  the  name  of  the  state.  From 
and  after  the  first  meeting  aforesaid,  the  whole  of  the  then 
existing  police  force  in  such  city,  both  officers  and  men,  shall 
pass  under  the  exclusive  management  and  control  of  the  said 
board,  and  be  subject  to  no  other  control,  and  entitled  to- 
receive  neither  orders  nor  pay,  except  arrearages  then  due,. 


174  ARTICLES  OF  INCORPORATION. 

from  any  other  authority  ;  and  shall  so  continue,  subject, 
however,  to  removal  or  suspension,  at  the  discretion  of  said 
board,  and  with  the  power  in  said  board  to  fill  vacancies,  until 
said  board  shall  publicly  declare  that  the  organization  of  the 
police  force  created  by  section  1451  is  complete.  Upon  such 
public  declaration,  and  from  the  time  thereof  thenceforward, 
all  ordinances  of  such  city  are  hereby  declared  null  and  void, 
so  far  as  they  conflict  with  this  article  or  assume  to  confer 
upon  the  mayor,  chief  of  police,  common  council,  or  any  other 
person  or  persons,  the  power  to  appoint,  dismiss,  or  in  any 
way  or  to  any  extent  employ  or  control  any  police  force 
organized  or  to  be  organized  under  such  ordinances,  or  any 
of  them  ;  and  from  and  after  such  public  declaration  as  afore- 
said, the  police  force  organized,  or  which  may  be  organized 
under  such  ordinances,  or  any  of  them,  shall  cease  to  exist, 
and  its  functions  and  powers  be  at  an  end.  [J?.  8.  1389,  Sec. 
1458. 

SEC.  14.  Statement— appropriations  thereon.— 
It  shall  be  the  duty  of  said  board,  with  all  convenient  speed, 
after  qualifying  as  aforesaid,  and  annually  thenceforward,  to 
estimate  what  sum  of  money  will  be  necessary  for  each  current 
fiscal  year,  to  enable  them  to  discharge  the  duties  hereby 
imposed  upon  them,  and  they  shall  forthwith  certify  the  same 
to  the  common  council  of  such  city,  who  are  hereby  required 
in  each  monthly  appropriation  or  ordinance  of  that  fiscal  year 
to  set  apart  and  appropriate  the  one-twelfth  part  of  the  amount 
so  certified,  which  sum  shall  at  once  be  paid  by  the  city  treas- 
urer to  the  treasurer  of  the  board  of  police  upon  a  warrant 
•drawn  by  the  president,  and  countersigned  by  the  comptroller: 
Provided,  that  if  the  said  board  shall  be  required  to  create  an 
extra  police  force,  as  provided  in  section  1451,  and  the  expense 
of  such  extra  force  be  contemplated  in  their  said  estimate,  they 
shall  immediately  certify  the  expense  of  such  additional  force 
to  the  common  council,  who  are  hereby  required,  as  soon  as 
possible,  to  set  apart  and  appropriate  the  additional  amount  so 
required,  agreeably  to  this  section.  The  said  board  of  police, 


POLICE  FORCE — COMMISSIONERS.  175 

upon  and  after  having  qualified  as  aforesaid,  are  hereby  author- 
ized to  make  requisition  from  time  to  time  upon  the  mayor, 
auditor,  treasurer,  comptroller  or  other  proper  disbursing 
officer  or  officers  of  the  corporation  of  such  city,  for  such  sums 
as  they  may  deem  necessary  for  executing  their  duties  under 
this  article,  and  the  sums  so  required  shall  be  paid  by  said 
proper  disbursing  officer  or  officers  out  of  any  money  in  the 
city  treasury  not  otherwise  appropriated :  Provided,  also, 
that  the  amount  so  required  or  drawn  shall  not  exceed  in  any 
one  year  the  amount  certified  as  aforesaid,  to  the  common 
council  for  that  year,  including  any  additional  amount  which 
may  have  been  ordered  by  said  common  council  to  be  paid  for 
or  on  account  of  any  extra  police  force  as  hereinbefore  pro- 
vided ;  that  the  common  council  of  such  city  shall  have  no 
power  or  authority  to  levy  or  collect  any  tax  or  appropriate  and 
disburse  any  money  for  the  payment  of  any  police  force  other 
than  that  to  be  organized  or  employed  under  this  article,  and 
the  power  of  the  mayor  and  common  council  of  such  city  to 
appropriate  and  disburse  money  for  the  payment  of  the  police 
force  to  be  organized  or  employed  under  this  article  shall  be 
exercised  as  in  this  section  directed,  and  not  otherwise.  [/?.  S. 
1889,  Sec.  14J59. 

SEC.  15.  Penalty  for  resisting  enforcement  of 
this  law. — Any  officer  or  servant  of  the  mayor  or  common 
council  of  such  city,  or  other  person  whomsoever,  who  shall 
forcibly  resist  or  obstruct  the  execution  or  enforcement  of  any 
of  the  provisions  of  this  article  providing  a  permanent  police 
force  for  such  city,  or  relating  to  the  same,  or  who  shall  hinder 
or  obstruct  the  organization  of  said  board  of  police,  or  the 
police  force  herein  provided  to  be  organized,  or  who  shall 
maintain,  control,  or  attempt  to  maintain  and  control,  the 
existing  police  force  of  said  city,  or  any  part  thereof,  or  any 
other  police  force  under  the  ordinances  and  acts  herein  and 
hereby  repealed,  except  as  herein  provided,  shall  be  liable  to 
a  penalty  of  one  thousand  dollars  for  each  and  every  such  offense, 
recoverable  by  the  board  by  action  at  law  in  the  name  of  the 


176  ARTICLES  OF  INCORPORATION. 

state  of  Missouri,  and  shall  forever  thereafter  be  disqualified 
from  holding  or  exercising  any  office  or  employment  whatever 
under  the  mayor  or  common  council  of  such  city  under  this 
article  :  Provided,  however,  that  nothing  in  this  section  shall 
be  construed  to  interfere  with  the  punishment  under  any  exist- 
ing or  any  future  law  of  the  state  of  any  criminal  offense 
which  may  be  committed  by  the  said  parties  in  or  about  the 
resistance,  obstruction,  hindrance,  conspiracy,  combination  or 
disbursement  aforesaid.  \It.  8.  1889,  Sec.  1460. 

SEC.   16.     Persons  arrested  to  be  brought  before 

recorder.  —  The  commissioners  of  police  shall  cause  all 
persons  arrested  by  the  police  to  be  brought  before  the 
recorder,  [judge  of  the  police  court].  \_R.  8.  1889,  Sec.  1461. 

SEC.   17.     Board  to  keep  journal  of  proceeding's. 

—  The  board  shall  cause  a  full  journal  of  their  proceedings  to 
be  kept,  and  shall  also  cause  all  their  receipts  and  disburse- 
ments of  money  to  be  faithfully  entered  in  books  to  be  pro- 
cared  and  kept  for  that  purpose,  and  said  journal  and  all  of 
said  books  and  all  other  documents  in  the  possession  of  said 
board,  shall  always  be  open  to  the  inspection  of  the  general 
assembly  of  the  state  of  Missouri,  the  common  council  of  such 
city,  or  any  committee  appointed  by  them  for  said  purpose. 
It  shall  be  the  duty  of  the  board  to  report  to  the  common 
council  of  such  city,  at  least  once  a  year,  the  number  and 
expense  of  the  police  force  employed  by  them  under  this 
article,  and  all  such  other  matters  as  may  be  of  public  interest 
in  connection  with  the  duties  assigned  them  hereby.  \_R.  S. 
1889,  Sec. 


SEC.  18.  Members  of  force  officers  of  both  city 
and  state.  —  The  members  of  the  police  force  of  such  city, 
organized  and  appointed  by  the  police  commissioners  of 
said  city  under  this  article,  are  hereby  declared  to  be  officers 
of  such  city  under  the  charter  and  ordinances  of  such  city,  and 
also  to  be  officers  of  the  state  of  Missouri,  and  shall  be  so 


POLICE  FORCE  —  COMMISSIONERS.  177 

deemed  and  taken  in  all  courts  having  jurisdiction  of  offenses 
against  the  laws  of  this  state  or  the  ordinances  of  said  city. 

[R.  S.  1889,  Sec.  H63. 

SEC.   19.     Regulation  of  private  watchmen.  —  The 

board  of  police  commissioners  shall  have  full  power  to  regulate 
and  license  all  private  watchmen  and  private  policemen  serving 
or  acting  as  such  on  any  street,  alley,  wharf,  or  other  public 
place  in  said  city,  and  no  person  shall  so  serve  or  act  as  a 
private  watchman  or  private  policeman  in  said  city  without 
the  written  license  of  said  board  first  had  and  obtained,  on 
pain  of  punishment  for  a  misdemeanor.  [JS.  S.  1889,  Sec. 


SEC.  20.  Special  policemen  to  be  appointed  on 
recommendation  of  humane  societies.  —  In  cities 
wherein  an  incorporated  society  for  the  prevention  of  cruelty 
to  animals  exists,  known  as  the  Humane  Society,  and  the  same 
city  having  the  metropolitan  police  system,  it  shall  be  the  duty 
of  the  board  of  police  of  said  city  to  appoint  one  special 
officer,  to  be  recommended  by  the  humane  society  of  said  city, 
whose  term  of  office  and  wages  shall  be  the  same  as  that  of  a 
regular  policeman.  The  said  special  officer  shall  be  subject 
to  the  authority  of  the  board  of  police,  but  ununiformed  in 
costume,  but  shall  wear  over  his  left  breast  the  badge  adopted 
by  the  humane  society  which  he  represents.  [Laws  1895,  p. 


12 


178 


ARTICLES  OF  INCORPORATION. 


ARTICLE  XXII. 


BOARD  OF  PUBLIC  WORKS. 


SECTION 

1.  Providing  for  board  of  public  works. 

2.  Duty  of  board. 

3.  Board  to  have  charge  of  all  public 

works  and  buildings. 

4.  Applications    for    improvements 

made  to  board. 

5.  Shall  advertise  for  proposals. 

6.  Contracts,    to    whom     and   how 

awarded. 

7.  Supplies  to  be  purchased  by  con- 

tract. 

8.  Work  may  be  done  without  contract. 

9.  Board  shall  superintend  all  work. 

10.  Shall  make  statement  of  estimated 

cost  of  repairs  and  improvements. 

11.  All  moneys  paid  on  vouchers  ordered 

by  board. 

12.  Ex-officio  members  of  board. 

13.  Board  shall  issue  special  tax  bills. 


SECTION 

14.  No  ordinance  for  grading,  etc.,  to 

be  passed  unless  recommended  by 
board. 

15.  Ordinances  recommended  by  board 

to  specify,  what. 

16.  Ordinances  in  certain  cases. 

17.  Board  to  recommend   repairs   of 

streets,  alleys,  etc. 

18.  Cost  of  construction  to  be  appor- 

tioned, how. 

19.  Special  tax  bills,  how  made  out, 

collected  and  paid. 

20.  Limitation  of  powers  of  common 

council. 

21.  Board  discontinued,  how. 

22.  Laws  not  inconsistent  to  remain  in 

force. 

23.  Board  not  to  be  created  unless  by 

a  majority  of  votes. 


SECTION  1.     Providing  for  board  of  public  works. 

— Any  city  organized  under  the  laws  governing  cities  of  the 
second  class  is  hereby  authorized  to  provide,  by  ordinance,  for 
the  establishment  of  a  board  of  public  works;  and  when  said 
board  shall  have  once  been  established,  it  shall  not  be  dis- 
pensed with  except  a  majority  of  the  voters  voting  at  any 
general  election  of  the  city  shall  so  decide.  Whenever  one  hun- 
dred tax  paying  voters  of  said  city  shall  petition  the  common 
council  of  said  city  to  submit  the  matter  of  dispensing  with 
said  board  to  the  voters  at  any  general  election,  the  council 
shall  make  the  necessary  order  submitting  the  question  as 
aforesaid,  or  it  may  do  so  on  its  own  motion.  When  once 
established,  said  board  shall  be  governed  as  herein  provided. 
Said  board  shall  be  known  as  the  board  of  public  works  of  the 

city  of ,  and  shall  be  constituted  as  herein  provided. 

The  president  of  the  board  shall  be  elected  by  the  voters  as 
other  officers  are  elected,  and  shall  hold  his  office  for  a  term  of 
two  years.  A  second  member  shall  be  elected  by  the  voters 


BOARD  OF  PUBLIC  WORKS.  179 

as  other  officers  are  elected,  the  first  term  to  be  for  one  year, 
and  thereafter  the  term  of  said  office  shall  be  for  two  years. 
A  third  member  shall  be  appointed  by  the  mayor,  by  and  with 
the  consent  of  the  common  council,  and  shall  hold  his  office 
for  a  period  of  one  year.  None  of  said  members  shall  hold 
any  other  municipal  office  while  a  member  of  the  board.  Any 
of  said  members  may  be  removed  for  cause  as  other  officers 
are  removed.  The  common  council  shall  fix  the  salaries  of  the 
members  of  the  board,  by  ordinance,  at  the  time  that  salaries 
of  other  officers  are  fixed,  and  also  fix  the  bond  required  of  the 
members  of  the  board.  [Laws  1891,  p.  52. 

SEC.  2.  Duty  of  Board. — The  board  of  public  works 
shall  meet  at  least  once  in  each  week,  at  its  office,  to  consider 
and  take  under  advisement  such  business  as  may  come  before 
it.  Said  board  shall  have  power  to  appoint  a  chief  clerk  and 
such  other  assistants  as  may  be  necessary  and  provided  for  by 
the  common  council,  and  shall  keep  a  record  of  all  proceed- 
ings. Said  board  shall  furnish,  through  its  president,  to  the 
mayor  or  common  council,  such  data  of  information  as  may  be 
required,  or  which  it  may  from  time  to  time  deem  necessary 
to  impart.  A  majority  of  said  board  shall  form  a  quorum  for 
the  transaction  of  business,  and  in  the  absence  of  the  president, 
the  member  who  was  appointed  by  the  common  council  shall 
preside  at  meetings  of  the  board,  and  perform  all  the  duties  of 
the  president.  The  said  board  shall  annually,  on  the  third 
Monday  in  April  of  each  year,  make  a  report  to  the  common 
council,  setting  forth  in  detail  the  condition  of  the  public 
works  of  the  city,  under  appropriate  headings,  the  description 
of  each,  the  names  of  the  contractors,  authority  for,  and,  if  to 
be  paid  for  by  the  city,  amount  appropriated  for  each  piece  of 
work  or  contract,  the  amount  paid  thereon  prior  to  the  last  an- 
nual report,  the  amount  since,  and  an  estimate  of  what  is 
necessary  to  complete  the  same.  How  much,  for  what  purpose 
and  under  what  authority  expenditures  have  been  made  with- 
out written  contract  approved  by  the  common  council,  and  all 


180  ARTICLES  OF  INCORPORATION. 

other  things  of  interest  to  the  administration  or   the  public. 
[Laws  1891,  p.  52. 

SEC.  3.     Board    to    have    charge    of   all  public 

works  and  buildings. — Said  board  shall  have  special 
charge  and  superintendence,  subject  to  the  laws  and  ordi- 
nances of  the  city,  of  all  streets,  avenues,  alleys  and  public 
highways  in  said  city,  and  of  all  walks  and  crossings  in  the 
same  ;  and  of  all  bridges,  public  places,  grounds  and  parks  ; 
and  of  halls,  engine  houses,  and  of  other  public  buildings  in 
the  city  belonging  to  the  city,  except  school  houses,  and  of  the 
erection  of  all  public  buildings  ;  of  lamps  and  lights  in  streets 
and  public  buildings,  gas  works,  water  works  and  electic  light 
plants  belonging  to  the  city  ;  of  sewers  and  drains  ;  of  the 
fire  alarm  telegraph,  and  all  other  public  works  and  improve- 
ments hereafter  to  be  commenced  by  the  city,  as  well  as  such 
other  duties  as  may  be  prescribed  by  ordinance.  [Laws  1891, 
p.  52. 

SEC.  4.  Applications  for  improvements  made  to 
board. — All  applications  or  propositions  for  improvements  of 
any  kind  specified  in  the  next  preceding  section  shall  here 
after  be  first  made  to  the  board  of  public  works,  or  if  first 
made  to  the  common  council,  shall  be  referred  by  said  council 
to  the  board.  Upon  receiving  application,  or  upon  its  own 
motion,  the  board  may  investigate  the  same,  and  if  they  find 
such  work  necessary  and  proper,  shall  report  to  the  common 
council,  with  an  estimate  of  the  expense  thereof.  If  the  board 
does  not  approve  such  application,  it  shall  report  the  reason 
for  its  disapproval,  and  the  common  council  may  then,  in 
either  case,  reject  said  application,  or  order  the  doing  of  work 
or  making  of  public  improvements,  after  having  first  obtained 
plans  and  estimates  thereof.  The  board  may  also  in  like 
manner  recommend,  whenever  they  think  proper,  any  improve- 
ment of  the  nature  above  specified,  though  no  application  has 
been  made  therefor.  It  shall  be  the  duty  of  the  board  to 
procure  for  the  city  full  plans  and  estimates  of  contemplated 


BOARD  OF  PUBLIC  WORKS.  181 

improvements,    when    so    ordered    by    the    common   council. 

[Laws  1891,  p.  52. 

SEC.  5.  Shall  advertise  for  proposals. — Whenever 
any  public  improvement  shall  be  ordered  by  the  common 
council,  whether  to  be  paid  for  by  the  city  directly  or  by  the 
issue  of  special  tax  bills,  the  board  shall  advertise  for  propo- 
sals for  doing  the  work,  plans  and  specifications  of  same  to  be 
first  placed  on  file  in  the  office  of  said  board,  which  plans  and 
specifications  are  to  be  open  to  public  inspection  ;  all  adver- 
tisements shall  state  the  work  to  be  done,  and  shall  be  pub- 
lished ten  days.  All  proposals  herein  provided  for  shall  be 
sealed  proposals,  directed  to  said  board,  and  accompanied  by 
a  certified  check  in  the  sum  of  two  hundred  dollars,  payable  to 
the  treasurer,  conditioned  that  he  will  do  the  work  if  awarded 
to  him  ;  and  in  case  of  default  on  the  part  of  the  bidder,  said 
deposit  shall  be  declared  forfeited  to  the  use  of  the  city.  All 
proposals  shall  be  opened  at  the  time  and  place  mentioned  in 
the  advertisement.  [Laws  1891,  p.  52. 

SEC.  6.     Contracts — to  whom  and  how  awarded. 

—All  contracts  shall  be  awarded  to  the  lowest  responsible  and 
reliable  bidder,  and  who  sufficiently  guarantees  to  do  the  work 
under  the  superintendence  and  to  the  satisfaction  of  the 
board  :  Provided,  that  the  contract  price  does  not  exceed  the 
estimate,  or  such  other  sum  as  shall  be  satisfactory  to  the 
board.  Copies  of  all  contracts  entered  into  by  the  board  of 
public  works  shall  be  filed  with  the  comptroller.  In  the  let- 
ting of  contracts,  the  board  shall  reserve  the  right  to  decide 
all  questions  as  to  the  proper  performance  of  work  and  the 
meaning  of  contracts,  and  in  case  of  improper  construction 
may  suspend  work  and  relet  the  same,  or  order  the  entire 
reconstruction  of  said  work,  or  may  relet  to  another  contrac- 
tor, as  may  be  deemed  best  by  the  board  and  the  common 
council.  In  case  of  the  suspension  of  any  public  work,  or  in 
case  where  proposals  be  deemed  excessive,  or  the  bidder  be 
not  responsible,  the  board  may,  with  the  approval  of  the  com- 


182  ARTICLES  OF  INCORPORATION. 

mon  council,  where  the  urgency  of  the  case  and  the  interest 
of  the  city  require  it,  employ  workmen  to  perform  or  complete 
any  improvement  ordered  by  the  common  council:  Provided, 
that  the  cost  and  expense  shall  in  no  case  exceed  the  amount 
appropriated  for  the  same.  [Laws  1891,  p.  52. 

SEC.  7.     Supplies  to  be  purchased  by  contract.— 

All  supplies  of  materials  for  any  department,  when  costing 
more  than  one  hundred  dollars,  shall  be  purchased  by  contract, 
subject  to  the  same  conditions  as  letting  other  work  provided 
for  in  the  foregoing  section.  [Laws  1891,  p.  52. 

SEC.   8.     Work  may  be  done  without  contract.— 

Whenever  said  board  thinks  it  necessary  for  the  interest  of 
the  city  to  protect  the  same  from  damage  or  loss,  or  is  of  the 
opinion  that  the  work  may  be  done  better  without  contract,  it 
shall  report  to  the  common  council  the  reasons  therefor,  asking 
the  power  to  give  contracts  without  notice  required  in  this  act, 
and  the  council  may,  by  a  three-fourths  vote  of  the  members 
elect,  grant  the  request.  All  contracts  entered  into  under  this 
act  shall  be  in  the  name  of  the  city.  All  contracts  existing 
at  the  time  of  the  passage  of  this  act  shall  be  carried  out  by 
the  board  herein  provided  for.  [Laws  1891,  p.  52. 

SEC.  9.     Board  shall  superintend  all  work. — The 

board  of  public  works  shall  have  charge  and  superintendence 
of  all  work  in  the  city,  and  paid  for  by  individuals,  by  the 
issue  of  special  tax  bills  by  the  city,  county  or  state.  All 
plans  for  work  in  the  city  limits,  and  paid  for  by  the  state  or 
county,  shall  be  approved  by  the  board  before  being  under- 
taken. [Laws  '1891,  p.  52. 

SEC.  10.  Shall  make  statement  of  estimated 
cost  of  repairs  and  improvements. — The  board  shall, 
on  the  third  Monday  in  April  of  each  year,  submit  to  the 
common  council,  through  the  comptroller,  a  statement  show- 
ing the  estimated  cost  of  repairs  and  improvements  necessary 


BOARD  OF  PUBLIC   WORKS.  183 

to   be   undertaken   during   the  current  year,    and  of  the  sum 
required  therefor.      [Laws  1891,  p.  52. 

SEC.  11.  All  moneys  paid  on  vouchers  ordered 
by  board. — All  moneys  to  be  paid  for  or  on  account  of  any 
work  done  through  the  board  of  public  works  shall  be  done  on 
vouchers,  certified  by  the  president  of  the  board,  by  order  of 
the  board,  to  the  city  auditor.  After  being  filed  with  the  city 
auditor,  all  vouchers  shall  be  subject  to  the  same  rules  and 
regulations  as  vouchers  from  other  departments.  The  books 
and  accounts  in  the  office  of  the  board  of  public  works  &hall 
be  at  all  times  open  to  the  inspection  of  the  mayor,  city 
comptroller,  auditor  or  any  member  of  the  common  council. 
[Laws  1891,  p.  52. 

SEC.  12.  Ex-officio  members  of  board. — The  city 
engineer  and  superintendent  of  streets,  and  superintendent  of 
water,  gas  and  electric  works,  when  such  works  are  owned  by 
the  city,  appointed  by  the  mayor  and  common  council,  shall 
be  ex-otficio  members  of  said  board,  but  shall  not  vote.  The 
said  engineer  and  superintendents  of  streets,  water,  gas  and 
electric  works  shall  be  under  the  direction  and  subject  to  the 
orders  of  the  board  of  public  works,  except  as  otherwise 
specifically  provided  by  ordinance  not  inconsistent  herewith. 
[Laws  1891,  p.  52. 

SEC.  13.  Board  shall  issue  special  tax  bills.— The 
board  of  public  works  shall  provide  for  the  issue  of  all  special 
tax  bills  against  property  owners  chargeable  with  special  taxes 
for  work  performed,  which  said  tax  bills  shall  be  authenticated 
and  certified  to  by  the  president  thereof.  Where  surveys  and 
estimates  are  now  required  to  be  made  by  the  city  engineer, 
they  shall  be  made  and  turned  over  to  the  board  of  public 
works.  The  city  assessor  shall  also  make  his  return  of  the 
assessed  valuation  of  property  to  pay  for  grading  to  said  board. 
[Laws  1891,  p.  52. 

SEC.  14.  No  ordinance  for  grading,  etc.,  to  be 
passed  unless  recommended  by  board. — No  ordinance 


184  ARTICLES  OF  INCORPORATION. 

for  the  grading,  paving  or  repaying  of  any  street,  avenue,  alley 
or  highway  of  the  city  shall  be  passed  unless  recommended  by 
the  board  of  public  works,  as  hereinafter  provided.  The  board 
may  of  its  own  motion,  and  upon  the  petition  of  any  reputable 
freeholder  of  property  on  any  street,  alley  or  highway  shall, 
designate  a  day  on  which  they  will  consider  the  improvement 
of  such  street,  alley  or  highway,  and  shall  give  two  weeks'  pub- 
lic notice  in  the  papers  doing  the  city  printing,  of  the  time, 
place  and  object  of  their  meeting.  On  such  day,  if  the  owners 
of  a  major  part  of  the  property  on  the  line  of  the  proposed 
improvement  shall  remonstrate  against  the  same,  the  board 
shall  consider  such  remonstrance,  and  if  such  board  shall,  by  a 
unanimous  vote  of  all  of  its  members  authorized  to  vote, 
approve  such  proposed  improvement,  they  shall  cause  an  ordi- 
nance for  the  same  to  be  prepared,  and  report  the  same,  with 
the  reasons  for  their  actions  and  the  remonstrance,  to  the  com- 
mon council.  If  such  majority  of  the  property  owners  fail  to 
remonstrate,  or  shall  petition  such  board  for  such  improve- 
ment, the  board  may,  by  a  majority  vote  of  its  members, 
approve  the  same,  and  shall  cause  an  ordinance  to  be  prepared 
and  reported  to  the  common  council  therefor.  [Laws  1891, 
p.  52. 

SKC.  15.  Ordinances  f  ecommended  by  board  to 
specify,  what. — All  ordinances  recommended  by  said  board 
shall  specify  the  character  of  the  work,  its  extent,  the  material 
to  be  used,  the  manner  and  general  regulations  under  which  it 
shall  be  executed,  and,  if  the  work  is  to  be  paid  for  by  tfie 
city,  the  fund  out  of  which  it  shall  be  paid.  [Laws  1891,  p.  52. 

SEC.  16.  Ordinances  in  certain  cases. — Upon  the 
recommendation  of  any  ordinance  by  the  board  of  public 
works,  the  common  council  shall  have  the  power,  when  such 
ordinance  shall  be  accompanied  by  a  remonstrance  as  herein 
before  provided,  by  a  vote  of  two-thirds  of  the  members  elect 
of  the  common  council,  and  in  all  other  cases  by  a  vote  of  a 
majority  of  the  members  elect  of  the  common  council,  to  pass 


BOARD  OF  PUBLIC  WORKS.  185 

such  ordinance  and  order  the  making  of  such  improvement. 
[Laws  1891,  p.  52. 

SEC.  17.  Board  to  recommend  repairs  of  streets, 
alleys,  etc. — The  board  of  public  works  shall  recommend  to 
the  common  council  ordinances  for  the  repairing  of  all  streets, 
alleys,  avenues  and  public  highways,  and  for  the  construction 
of  crosswalks,  and  no  ordinance  therefor  shall  be  passed  with- 
out such  recommendation.  [Laws  1891,  p.  52. 

SEC.  18.     Cost  of  construction  to  be  apportioned 

— how. — The  cost  of  construction  of  all  the  foregoing  improve- 
ments within  the  city  shall  be  apportioned  as  follows  :  The 
repairs  of  all  streets  and  highways  and  cleaning  the  same,  and 
of  all  alleys  and  crosswalks,  shall  be  paid  out  of  the  general 
revenue  of  the  city,  and  the  grading,  paving  and  repaving, 
curbing,  guttering  and  sidewalks,  and  the  materials  for  the 
roadways,  the  repairs  of  all  sidewalks,  shall  be  charged  upon 
the  adjoining  property,  as  required  by  the  laws  governing 
cities  of  the  second  class,  and  collected  and  paid  as  therein 
provided  :  Provided,  that  all  tax  bills  issued  as  herein  pro- 
vided shall  show  on  their  face  the  total  amount  of  work  done, 
the  cost  thereof,  and  such  other  information  as  may  be  required 
by  ordinance.  [Laws  1891,  p.  52. 

SEC.  19.  Special  tax  bills — how  made  out,  col- 
lected and  paid. — All  special  tax  bills  for  work  contem- 
plated by  this  and  the  laws  governing  cities  of  the  second 
class  shall  be  made  out  by  the  president  of  the  board,  and  by 
him  registered  in  his  office  in  full,  and  certified  and  delivered 
to  the  comptroller,  and  his  receipt  taken  therefor,  and  by  him 
registered  and  countersigned  and  delivered  to  the  party  in 
whose  favor  it  is  issued  for  collection,  and  his  receipt  taken  in 
full  of  all  claims  against  the  city  on  account  of  said  work. 
Said  tax  bills  shall  be  collected  and  paid  as  required  by  the 
laws  governing  cities  of  the  second  class.  Whenever  any 
special  tax  bill  issued  heretofore,  or  hereafter  to  be  issued,  shall 


186  ARTICLES  OF  INCORPORATION. 

be  paid,  it  shall  be  indorsed  "satisfied"  on  the  record  in  the 
comptroller's  office  ;  and  any  bill  that  is  not  entered  "satisfied" 
within  two  years  after  its  date,  unless  proceedings  in  law  shall 
have  been  commenced  to  collect  the  same  within  that  time, 
and  shall  be  still  pending,  the  lien  shall  be  destroyed  and  of 
no  effect  against  the  land  charged  therewith.  [Laws  1891,  p.  52. 

SEC.  20.  Limitation  of  powers  of  common  coun- 
cil.— The  common  council  shall  have  no  power  directly  to  con- 
tract for  any  public  work  of  improvement,  or  repairs  thereof, 
contemplated  by  this  bill,  nor  to  fix  the  price  or  rate  therefor ; 
but  the  board  of  public  works  shall,  in  all  cases,  except  as 
herein  otherwise  expressly  provided,  prepare  and  submit  to  the 
common  council  estimates  of  costs  of  any  proposed  work,  and, 
under  direction  of  the  ordinance,  shall  advertise  for  bids,  and 
let  out  said  work  by  contract  to  the  lowest  responsible  bidder, 
subject  to  the  approval  of  the  common  council.  Any  other 
mode  of  letting  out  work  shall  be  held  as  illegal  and  void. 
[Laws  1891,  p.  62. 

SEC.  21.  Board  discontinued — how. — At  any  time 
that  a  majority  of  the  voters  voting  at  any  general  election 
shall  vote  for  a  discontinuance  of  the  board  of  public  works 
herein  authorized,  said  board  shall  be  dispensed  with  and  the 
laws  at  the  time  governing  cities  of  the  second  class  shall  take 
effect  and  be  in  force,  and  said  board  shall  cease  to  exist  ;  but 
all  contracts  made  by  said  board  as  herein  provided  shall  con- 
tinue in  force  as  though  said  board  still  existed.  [Laws  1891, 
p.  52. 

SEC.  22.  Laws  not  inconsistent  to  remain  in 
force. — All  laws  governing  cities  of  the  second  class  not 
expressly  inconsistent  with  the  provision  herein  shall  be  and 
remain  in  full  force  and  effect.  [Laws  1891,  p.  52. 

SEC.  23.  Board  not  to  be  created  unless  by  a 
majority  of  votes. — No  board  of  public  works  shall  be 
organized  in  any  city  to  which  the  provisions  of  this  act  are 
applicable,  until  the  proposition  for  the  establishment  thereof 


PUBLIC  WORK — BONDS  OF  CONTRACTORS.  187 

shall  be  submitted  to  the  voters  of  such  city  at  a  general  elec- 
tion, and  approved  by  a  majority  of  the  votes  cast  at  such 
election.  At  the  time  of  the  submission  thereof,  the  elective 
members  of  the  board  of  public  works  provided  for  by  this  act 
shall  be  voted  for,  but  in  the  event  the  proposition  to 
establish  a  board  of  public  works  fails  to  receive  the  approval 
of  a  majority  of  the  votes  cast  at  such  election,  the  election  of 
such  members  shall  go  for  naught.  [Laws  1891,  p.  52. 

« 

ARTICLE  XXIII. 

PUBLIC  WORK— BONDS  OF  CONTRACTORS  FOR. 

SECTION  SECTION 

1.    Contractors  for  public  works    re-  2.    Who  may  sue  on  such  bond,  copy  of 

quired  to  execute  bonds.  bond  sufficient   evidence    of   its 

execution. 

SECTION  1.  Contractors  for  public  works  re- 
quired to  execute  bonds. — All  counties,  cities,  towns  and 
school  districts  making  contracts  for  public  work  of  any  kind 
to  be  done  for  such  county,  city,  town  or  school  district,  shall 
require  every  contractor  to  execute  a  bond  with  good  and  suffi- 
cient securities,  and  such  bond  among  other  conditions  shall 
be  conditioned  for  the  payment  for  all  material  used  in  such 
work,  and  all  labor  performed  on  such  work,  whether  by  sub- 
contract or  otherwise.  [Laws  1895,  p.  240. 

SEC.  2.  Who  may  sue  on  such  bond — copy  of 
bond  sufficient  evidence  of  its  execution. — Every 
person  furnishing  material  or  performing  labor  for  any  con- 
tractor with  any  county,  city,  town  or  school  district,  where 
bond  shall  be  executed  as  provided  in  section  one,  shall  have 
the  right  to  sue  on  such  bond,  in  the  name  of  such  county, 
city,  town  or  school  district,  for  his  use  and  benefit ;  and  in 
such  suit  it  shall  be  sufficient  to  file  a  copy  of  such  bond,  cer- 
tified by  the  clerk  or  secretary  of  such  county,  city,  town  or 
school  district,  which  copy  shall,  unless  execution  thereof  be 
denied  under  oath,  be  sufficient  evidence  of  execution  and 


188  ARTICLES  OF  INCORPORATION. 

delivery  of  the  original  :  Provided,  however,  that  this  act 
shall  not  be  taken  to  in  any  way  make  such  county,  city, 
town  or  school  district  liable  to  such  sub-contractor,  material- 
man  or  laborer  to  any  greater  extent  than  it  is  liable  under  the 
law  as  it  now  stands.  [Laws  1895,  p.  240. 


ARTICLE  XXIY. 

FRANCHISES— SALE  OF. 

SECTION  SECTION 

1.  Franchises  to    be    sold    at   public  3.    Purchaser  to  give  approved  bond. 

auction.  4.    Authorities  may  reject  bids. 

2.  Notice  of  sale  to  be  published. 

SECTION  1.  Franchises  to  be  sold  at  public  auc- 
tion.— The  public  authorities  of  every  county,  city,  village  or 
other  municipal  or  public  corporation,  to  whom  application 
may  be  made  by  any  private  company,  copartnership,  corpora- 
tion, individual  or  individuals,  for  consent  to  the  construction, 
extension,  maintenance,  occupation  or  use  of  any  electric 
lighting  plant,  or  plant  for  the  generating,  transmission,  sale 
or  use  of  electricity;  gas  lighting  plant;  street  railway,  or  rail- 
road for  the  transportation  of  either  freight,  passengers  or 
mails;  telephone  or  telegraph  plant,  or  plant  for  supplying 
water,  above,  across,  along,  beneath  or  through  any  highway, 
road<  avenue,  alley,  park,  square,  street  or  other  public  lands, 
must  provide,  as  a  condition  precedent  to  the  granting  of  such 
consent,  that  the  franchise,  privilege  and  right  of  such  occupa- 
tion and  use  of  any  such  public  places  for  any  such  private 
purposes  shall  be  sold  at  public  auction  to  the  responsible 
bidder  who  will  give  the  largest  percentage  yearly  of  the  gross 
receipts  derived  from  such  occupation  and  use,  with  adequate 
security,  as  hereinafter  provided,  for  the  payment  thereof  and 
for  the  prompt  construction  arid  completion  of  the  proposed 
plant :  Provided,  that  such  payment  shall  in  no  case  be  less 
than  two  per  cent  of  the  gross  earnings  during  the  first  five 
years  of  such  occupation  and  use,  and  thereafter,  for  each 


FRANCHISES— SALE  OF.  189 

period  of  five  years,  such  percentage  shall  be  increased  to 
correspond  with  the  increase  in  value  of  the  land  thus  occu- 
pied and  used.  [La^vs  1895,  p.  53. 

SEC.  2.  Notice  of  sale  to  be  published. — Prior  to 
any  such  sale,  notice  of  the  time,  place,  manner,  conditions 
and  terms  thereof,  with  a  description  of  the  lands  to  be  thus 
occupied  and  used,  the  duration  of  such  occupation  and  use, 
and  of  the  time  within  which  such  plant  must  be  constructed, 
completed  and  put  in  operation,  shall  be  published  at  least 
once  a  week  for  at  least  four  weeks,  in  two  newspapers  to  be 
designated  by  the  public  authorities  whose  consent  is  thus 
applied  for  and  sought.  [Laws  1895,  p.  53. 

SEC.   3.     Purchaser  to  give  approved  bond.— The 

security  required  by  this  act  shall  be  a  bond  in  such  amount, 
condition,  form  and  sureties  as  the  public  authorities,  whose 
consent  is  thus  applied  for  and  sought,  shall  require  and 
approve  :  Provided,  that  nothing  in  this  act  shall  be  construed 
to  take  away  or  impair  the  right  of  such  public  authorities  to 
impose  any  other  reasonable  conditions  and  terms,  as  a  condi- 
tion to  such  occupation  and  use,  in  addition  to  the  payment  of 
such  percentage ;  but  such  conditions  and  terms  shall  be 
reasonably  set  forth  in  such  notice,  and  such  bond  shall  be 
conditioned,  as  well  as  for  a  compliance  with  such  conditions 
and  terms,  as  for  the  payment  of  such  percentage ;  and  pro- 
vided further,  that  the  relation  existing  between  any  such 
public  corporation  and  all  private  companies,  copartnerships, 
corporations,  individual  or  individuals,  who  occupy  or  use  any 
of  its  lands,  as  aforesaid,  shall  be  deemed  and  taken  to  be,  and 
shall  be,  that  of  landlord  and  tenant ;  and  such  corporation 
shall  have,  under  this  act,  a  paramount  lien  on  all  the 
franchises  and  property  of  the  party  occupying  and  using  such 
public  lands,  and  shall  have  all  other  rights  and  remedies 
now  by  law  given  to  landlords,  either  to  recover  delinquent 
rent  or  to  recover  possession  of  the  rented  lands.  [Laws 
1895,  p.  53. 


190  ARTICLES  OF  INCORPORATION. 

SEC.  4.  Authorities  may  reject  bids. — Nothing  in 
this  act  shall  be  construed  to  prohibit  the  public  authorities  of 
such  county,  city,  village  or  other  municipal  or  public  corpora- 
tion from  rejecting  any  and  all  bids.  [Laws  1895,  p.  53. 

ARTICLE  XXV. 

WATER,  GAS,  ELECTRIC,  TELEPHONE  AND  TELEGRAPH  PLANTS. 

SECTION  SECTION 

1.  A  system  of   waterworks   may  be  5.    Telephone     and     telegraph     corn- 

established,  panics,  privileges  in  constructing 

2.  Existing  grant  not  to  be  interfered  line. 

with.  6.    Telephone  and  telegraph  lines, mode . 

3.  May  own  and  operate  water,  gas  of  construction  may  be  directed, 

and  electric  light  works.  by  whom. 

4.  Electric   light  companies,  cities 

may  authorize  to  set  poles,  etc. 

SECTION  1.  Waterworks. — The  common  council  shall 
have  the  exclusive  right  to  erect,  maintain  and  operate  water- 
works within  the  limits  of  the  city,  and  to  regulate  the  same  ; 
to  prescribe  the  rates  at  which  water  shall  be  charged  to  the 
inhabitants  of  such  city  when  taken  from  said  works,  and 
acquire,  by  purchase,  donation  or  condemnation,  suitable 
grounds,  within  or  without  the  city,  upon  which  to  erect 
waterworks,  and  the  right  of  way  to  and  from  said  works, 
and  also  the  right  of  way  for  laying  water  pipe  within  the 
limits  of  said  city,  all  of  which  shall  be  done  in  such  manner 
as  prescribed  by  ordinance  :  Provided,  that  the  mayor  and 
council  may,  in  their  discretion,  grant  the  right  to  any  person 
or  persons  to  erect  waterworks  and  lay  down  pipes  for  the  use 
of  said  city  and  its  inhabitants  upon  such  terms  as  the  com- 
mon council  may  by  ordinance  prescribe  :  Provided,  that 
such  right  shall  not  extend  for  a  longer  period  than  twenty 
years,  and  shall  not  be  granted  nor  shall  be  renewed  unless  by 
the  consent  of  a  majority  of  the  qualified  voters  of  said  city,  to 
be  ascertained  at  an  election  held  for  such  purpose.  [J?.  /& 
1889,  Sec.  1435. 

SEC.   2.     Existing    grant    not  to    be    interfered 

with. — *     *     *     In    case    the    right   to    erect   and   operate 


WATER,  GAS  AND  OTHER  PLANTS.  191 

waterworks  has  been  or  may  be  granted  to  any  person  or  per- 
sons or  corporation,  no  modifications  of  the  terms  and  condi- 
tions of  the  original  grant  or  contract  therefor,  nor  any  new 
contract,  shall  be  made  by  which  the  obligations  or  liabilities 
of  the  grantee  or  grantees  of  such  right  shall  be  lessened  or 
released,  or  the  obligation  or  liabilities  of  the  city  be  increased, 
unless  the  modification  or  new  contract  be  approved  by  the 
qualified  electors  of  the  city,  in  the  same  mode  and  manner  as 
was  or  may  be  necessary  to  the  validity  of  the  original  grant. 
[J?.  S.  1889,  Sec.  1271. 

SEC.  3.  May  own  and  operate  water,  gas  and 
electric  light  works. — The  city  council  of  any  city,  town 
or  village  in  this  state  shall  have  the  power  to  erect,  maintain 
and  operate  waterworks,  or  to  acquire  waterworks  by  pur- 
chase, and  to  operate  and  maintain  the  same,  and  to  supply 
the  inhabitants  thereof  with  water  ;  to  erect,  maintain  and 
operate  gas  and  power  plants,  electric  light  plants,  or  any 
other  kind  of  plant  or  device  for  lighting  purposes,  or  to 
acquire  and  own  the  same  by  purchase,  and  to  maintain  and 
operate  such  plants,  and  to  supply  the  inhabitants  of  such 
cities,  towns  and  villages  with  light  and  power  therefrom. 
[JS.  8.  1889,  Sec.  1946a.  Amended  Laws  1891,  p.  67,  1897, 
p.  56. 

SEC.  4.  Electric  light  companies,  cities  may 
authorize  to  set  poles,  etc. — Any  city,  town  or  village  in 
this  state  m<)y,  by  ordinance,  authorize  any  company  organized 
for  the  purpose  of  supplying  light  or  power  by  electricity,  and 
incorporated  under  the  laws  of  this  state,  to  set  its  poles, 
piers,  abutments,  wires  and  other  fixtures  along,  across  or 
under  any  of  the  public  roads,  streets,  alleys  or  public  places 
within  such  city,  town  or  village,  subject  to  such  rules,  regu- 
lations and  conditions  as  shall  be  expressed  in  said  ordinance. 
[R.  S.  1889,  Sec.  1764. 

SEC.  5.  Telephone  and  telegraph  companies, 
privileges  in  constructing  line. — Companies  organized 


192  ARTICLES  OF  INCORPORATION. 

under  the  provisions  of  this  article,  for  the  purpose  of  con- 
structing and  maintaining  telephone  or  magnetic  telegraph 
lines,  are  authorized  to  set  their  poles,  piers,  abutments,  wires 
and  other  fixtures  along,  across  or  under  any  ot  the  public 
roads,  streets  and  waters  of  this  state,  in  such  manner  as  n@t 
to  incommode  the  public  in  the  use  of  such  roads,  streets  and 
waters  :  Provided,  any  telegraph  or  telephone  company  desir- 
ing to  place  their  wires  and  other  fixtures  under  ground,  in  any 
city,  they  shall  first  obtain  consent  from  said  city  through  the 
municipal  authorities  thereof.  \_R.  S.  1889,  Sec. 


SEC.  6.     Telephone  and   telegraph  lines,  mode 
of   construction   may   be    directed,  by   whom.  —  The 

mayor  and  aldermen  or  board  of  common  council  of  any  city, 
and  the  trustees  of  any  incorporated  town,  through  which  the 
lines  of  any  telephone  or  telegraph  company  are  to  pass,  may, 
by  ordinance  or  otherwise,  specify  where  the  posts,  piers  or 
abutments  shall  be  located,  the  kind  of  posts  that  shall  be  used, 
the  height  at  which  the  wires  shall  be  run  ;  and  such  company 
shall  be  governed  by  the  regulations  thus  prescribed  ;  and 
after  the  erection  of  said  telephone  or  telegraph  lines,  the  said 
mayor  and  aldermen,  or  board  of  common  council,  and  the 
trustees  of  any  incorporated  town,  shall  have  power  to  direct 
any  alteration  in  the  location  or  erection  of  said  posts,  piers  or 
abutments,  and  also  in  the  height  at  which  the  wires  shall  run, 
having  first  given  such  company  or  its  agents  opportunity  to  be 
heard  in  regard  to  such  alteration.  [7?.  S.  1889,  Sec.  2730. 


STKEET  RAILWAYS.  193 


ARTICLE  XXVI. 

STREET  RAILWAYS. 

SECTION  SECTION 

1.  Street  railways,  how  constructed.  7.    Statement  by  officer  of  street  rail- 

2.  May  change  motive  power.  way  company  of  length  of  line  to 

3.  Limitation  of  powers,  etc.  state  auditor. 

4.  Right  of  way.how  and  when  granted  8.    Subject  to  assessment  and  taxation 

5.  Measure  of  damages.  as  other  railroad  property. 

6.  Act  applies  to  all  street  railways.  9.    Inconsistent  acts  repealed. 

SECTION  1.     Ordinances  for  railways  in  streets. — 

The  city  may,  by  ordinance,  direct  and  control  the  laying  and 
construction  of  street  railways  or  horse  railroads  in  the  streets, 
avenues,  highways  and  alleys  of  the  city,  and  require  such 
railways  or  railroads,  and  all  parts  thereof,  to  be  so  constructed, 
laid  and  kept  in  repairs,  to  interfere  as  little  as  possible  with 
ordinary  travel  and  use  of  the  streets,  avenues,  highways  and 
alleys,  and  require  the  space  between  the  rails,  and  eighteen 
inches  on  the  outside  thereof,  to  be  macadmized  or  paved  as 
the  roadway  beyond  such  limits  may  be  paved,  and  be  kept  in 
repairs  by  the  persons  or  corporations  operating  the  same  or 
owning  same — this  section  to  apply  to  railroads  or  railways 
constructed,  or  those  hereafter  to  be  constructed  ;  but  this 
section  shall  not  be  construed  to  authorize  the  city  council  to 
amend  or  in  any  manner  interfere  with  the  franchises  heretofore 
granted  to  any  street  or  horse  railroad  company  in  said  city, 
nor  shall  said  city  council  grant  the  right  of  way  over  or  along 
any  street  in  said  city  to  any  street  or  horse  railroad  company 
for  the  construction  of  horse  railroads,  without  the  consent  of 
the  property  owners  owning  a  majority  in  front  feet  of  the 
property  fronting  on  such  street  where  such  road  is  proposed 
to  be  constructed,  nor  shall  any  street  railway  hereafter  be 
constructed  or  laid  down  without  such  consent.  \_R.  S.  1889, 
Sec.  1270. 

SEC.  2.     Street    railroads    may   change    motive 

power. — Every  street  railroad  company  in  any  city  of  this 


194  ARTICLES  OF  INCORPORATION. 

state,  which,  by  its  charter  or  articles  of  association,  is  or  may 
be  only  authorized  to  use  horse  power  for  its  operation,  is 
hereby  empowered  to  also  use  such  other  motive  power  for 
that  purpose  as  it  has  been  or  may  be  permitted  by  the  ordi- 
nances of  such  city  to  use.  [R.  S.  1889,  Sec.  2807. 

SEC.   3.     Limitation  of  municipal  authority. — The 

legislative  authority  of  no  incorporated  town  or  city  of  this 
state  shall  have  the  power  to  grant  to  any  person  or  corpora- 
tion the  right  to  construct  and  operate  on,  over  or  under  any 
street  or  alley  of  any  incorporated  town  or  city,  any  elevated, 
underground  or  other  street  railroad  without  compliance  with 
the  conditions  hereinafter  named.  [JR.  S.  1889,  Sec.  182 J^. 

SEC.  4.     Street  railroads,  damages,  proceedings 

to  ascertain. — Before  granting  any  franchise  for  constructing 
and  operating  any  elevated,  underground  or  other  street  rail- 
road on,  over  or  under  any  street  or  alley  of  any  incorporated 
town  or  city,  the  authorities  of  such  town  or  city  shall,  by 
ordinance  duly  enacted,  establish  the  route  and  clearly  define 
the  terms  and  conditions  of  such  franchise,  and  locate  all 
depots,  stations,  turnouts  and  switches  of  such  railroad.  The 
party  to  which  said  franchise  may  be  granted  shall  be  an 
incorporated  company,  organized  under  the  laws  of  this  state, 
to  construct,  maintain  and  operate  a  street  railroad  in  the 
town  or  city  by  which  such  franchise  is  granted.  Before 
taking  or  damaging  any  property  in  the  construction  of  a 
railroad  under  such  franchise,  the  said  corporation  shall  cause 
to  be  ascertained  and  determined  the  damages  that  will  be 
•done  by  the  building  and  operation  of  such  railroad,  to  the 
real  and  personal  property  situated  on  the  route  fixed  by 
the  ordinance  defining  said  franchise,  and  shall  pay  to  the 
owner  or  owners  of  the  real  and  personal  property  so  affect- 
ed, or  into  court  for  them,  the  amount  of  their  respective 
damages.  In  case  the  said  corporation  fails  to  agree  with 
the  owners  thereof  for  the  proper  compensation  for  the  damages 
done  or  likely  to  be  done  or  sustained  by  reason  of  the  con- 


STREET  RAILWAYS.  195 

struction  and  operation  of  said  railroad,  or  if,  by  reason  of  the 
legal  incapacity  of  any  such  owner,  no  compensation  can  be 
agreed  upon,  the  circuit  court  having  jurisdiction  over  the  town 
or  city  granting  such  franchise,  or  any  judge  thereof  in  vacation, 
on  application  of  said  corporation,  shall  appoint  three  disinter- 
ested freeholders  of  such  town  or  city,  who  shall  give  personal 
notice  to  all  owners  or  their  agents  of  property  affected,  if  they 
can  be  found,  as  well  as  ten  days'  notice  by  advertisement  in 
the  newspapers  doing  the  printing  of  such  town  or  city,  of 
their  time  and  place  of  meeting;  and  the  said  commissioners, 
having  been  first  duly  sworn  to  perform  their  duties  justly  and 
impartially  and  a  true  report  to  make,  shall  fully  examine  into 
the  construction  and  operation  of  said  railroad  and  its  effects 
upon  the  real  and  personal  property  damaged  thereby,  making 
just  allowances  for  the  advantages  which  may  have  resulted 
or  which  may  result  to  the  owner  or  owners  of  property  for 
which  damages  may  be  claimed  or  allowed,  and  after  such 
comparison,  shall  estimate  and  determine  how  much  damages, 
if  any,  such  property  may  have  sustained  or  seems  likely  to 
sustain  by  reason  thereof,  and  make  report  of  the  same  at  the 
existing  or  following  term  of  court,  and  if  no  exceptions  be 
filed  within  ten  days  thereafter,  or  in  the  event  exceptions  are 
filed  and  overruled,  the  court  shall  confirm  the  report  and  enter 
judgment  thereon,  including  five  dollars  per  day  to  each  com- 
missioner ;  from  which  judgment  either  or  any  party  shall  be 
entitled  to  an  appeal  or  writ  of  error,  as  in  other  cases.  If  the 
proceeding  seek  to  affect  the  property  of  persons  under  guardian- 
ship, the  guardians  must  be  made  parties,  and  if  the  property 
of  married  women,  their  husbands  must  be  made  parties.  The 
petition  shall  set  forth  the  general  nature  of  the  franchise 
granted,  the  nature  of  railroad  to  be  constructed  and  operated, 
causing  or  likely  to  cause  damage  to  private  property  for 
public  use,  together  with  all  facts  necessary  to  give  the  court 
jurisdiction  in  the  premises,  the  names  of  owners  of  the  several 
parcels  of  land  and  personal  property  to  be  affected  thereby, 
if  known,  or,  if  unknown,  a  correct  description  of  the  property 


196  ARTICLES  OF  INCORPORATION. 

or  interests  whose  owners  are  unknown.  The  petition  may  be 
presented  to  the  circuit  court  when  in  session,  or  to  any  judge 
thereof  in  vacation.  Upon  filing  the  petition,  a  summons  shall 
be  issued  giving  the  defendants  at  least  ten  days'  notice  of  the 
time  when  said  petition  will  be  heard,  which  summons  shall  be 
served  in  the  same  manner  as  writs  of  summons  are  or  may  be 
by  law  required  to  be  served.  If  the  name  or  residence  of  any 
defendant  be  unknown,  or  if  any  defendant  does  not  reside 
within  this  state,  notice  of  the  time  of  hearing  the  petition, 
reciting  the  substance  of  the  petition  and  the  day  fixed  for  the 
hearing  thereof,  shall  be  given  by  publication  for  four  consecu- 
tive weeks  prior  to  the  hearing  of  the  petition,  in  the  paper 
doing  the  town  or  city  printing,  and  the  court  or  judge  thereof, 
being  satisfied  that  due  notice  of  the  pending  of  the  petition 
has  been  given,  shall  make  the  appointment  of  said  commis- 
sioners. The  report  of  the  commissioners  to  the  circuit  court 
shall  be  in  writing  and  under  oath,  and  filed  with  the  clerk 
thereof,  and  the  damages  allowed  to  each  owner  of  property 
affected  shall  be  separately  stated.  The  report  of  the  com- 
missioners may  be  reviewed  by  the  circuit  court  on  written 
exceptions  filed  by  any  party  in  the  clerk's  office  within  ten 
days  after  filing  of  such  report,  and  the  court  shall  make  such 
order  therein  as  right  and  justice  may  require,  and  may  order 
a  new  appraisement  on  good  cause  shown,  but  the  hearing  of 
such  exceptions  shall  be  summary,  and  the  court  shall  fix  a  day 
therefor  without  delay.  The  costs  of  the  proceedings  up  to 
and  including  the  fijing  of  the  commissioners'  report  shall  be 
paid  by  the  said  corporation,  but  all  costs  caused  by  any  sub- 
sequent litigation  shall  be  paid  by  the  losing  party.  All 
damages  found  by  said  commissioners  shall,  within  thirty  days 
after  filing  of  their  report,  be  paid  to  the  owners  of  the  prop- 
erty damaged,  or  into  court  for  them,  by  the  said  corporation, 
and  if  the  same  is  not  so  paid  as  aforesaid,  said  railroad  shall 
not  be  constructed.  [E.  S.  1889,  Sec.  1825. 

SEC.   5.     Damages  defined.-— Damages  in  this  article 
are  hereby  defined  to  be  the  depreciation  in  the  value  of  the  prop- 


STREET  RAILWAYS.  197 

erty  that  may  result  from  the  construction  and  operation  of  the 
proposed  railroad.     [JR.  S.  1889,  Sec.  1826. 

SEC.  6.     Article  to  apply  to  pending  application. 

—This  article  shall  apply  to  all  applications  for  franchises  from 
towns  or  cities  to  construct  and  operate  any  elevated,  under- 
ground or  street  railroad  made  under  or  in  pursuance  of  any 
existing  law,  whether  such  application  is  hereafter  made,  or 
may  have  heretofore  been  made,  but  not  at  the  passage  of  this 
article,  finally  acted  upon  by  the  municipal  authorities.  [jR.  8. 
1889,  Sec.  1827. 

SEC.  7.  Chief  officer  of  street  railroad  company 
required  to  make  statement  to  the  auditor  of 
length  of  line  of  railroad  used. — On  or  before  the  first 
day  of  January  in  each  year,  the  president  or  other  chief  offi- 
cer of  every  street  railroad  company  in  every  city  of  this  state 
whose  line  is  now  or  shall  hereafter  become  so  far  completed 
and  in  operation  as  to  run  horse  cars,  electric  cars,  cable  cars 
or  cars  propelled  by  any  other  device  for  the  transportation  of 
passengers,  shall  furnish  to  the  state  auditor  a  statement,  duly 
subscribed  and  sworn  to  by  said  president  or  other  chief  offi- 
cer, before  some  officer  authorized  to  administer  oaths,  setting 
out  in  detail  the  full  length  of  the  line,  so  far  as  completed, 
including  branch  or  leased  lines,  the  entire  length  in  this  state, 
the  length  of  double  or  side  tracks,  the  length  of  such  line 
located  upon  real  estate  to  which  such  company  may  have  title 
as  right  of  way,  the  length  of  such  line  located  upon  the  pub- 
lic streets  or  thoroughfares  of  any  city,  together  with  all  cars, 
motors,  grip  cars,  live-stock,  electric  trolley  wires,  cables,  cable 
conduits,  power  houses,  stables  and  all  other  property,  real, 
personal  or  mixed,  owned,  used  or  leased  on  the  first  day  of 
June,  which  may  be  used  in  or  incident  to  the  operation  of 
such  street  railroad,  the  length  of  such  line  in  each  county, 
municipal  township  and  city  through  or  in  which  it  is  located, 
and  the  cash  value  of  the  several  items  embraced  in  the  state- 
ment. [Laws  1897,  p. 


198  ARTICLES  OF  INCORPORATION. 

SEC.  8.  Property  so  returned  subject  to  assess- 
ment and  taxation  as  other  railroad  property. — The 

said  property  returned  to  the  state  auditor,  as  by  the  first  sec- 
tion of  this  act  required,  shall  be  subject  to  taxation  for  state, 
county,  municipal  and  other  purposes  to  the  same  extent  as  the 
real  and  personal  property  of  private  persons,  and  the  same 
shall  be  assessed,  apportioned,  certified  and  the  taxes  thereon 
levied  and  collected  at  the  time  and  in  the  manner  which  is 
now  or  may  hereafter  be  provided  by  law  for  the  assessment 
and  taxation  of  other  railroad  property.  [Laws  1897,  p.  215. 

SEC.  9.  Inconsistent  acts  repealed. — It  being  the 
purposes  of  this  act  to  make  the  property  of  street  railroads 
in  cities  assessable  and  taxable  in  the  same  manner  which  is 
now  or  may  hereafter  be  provided  by  law  for  the  assessment 
and  taxation  of  other  railroad  property,  all  acts  and  parts  of 
acts  inconsistent  or  in  conflict  herewith,  are  hereby  repealed. 
[Laws  1897,  p.  215. 

ARTICLE  XXVII. 

BURIAL  GROUND. 

SECTION  SECTION 

1.    City  may  hold  and  protect  burial  2.    Cemetery  lots  conveyed  by  deed,  by 

grounds.  whom  signed. 

SECTION  1.  City  council  may  protect  cemeteries 
outside  city  limits. — Any  town,  city  or  village  in  the 
state  of  Missouri  may  purchase,  receive  and  hold  real  estate 
within  or  outside  such  city,  town  or  village  for  the  burial  of 
the  dead,  and  may  lease,  sell  or  otherwise  dispose  of  the  same. 
And  the  council  of  said  cities,  towns  and  villages  may  make 
rules  and  pass  ordinances  imposing  penalties  and  fines  not 
exceeding  one  hundred  dollars,  regulating,  protecting  and 
governing  cemeteries  outside  of  said  cities,  towns  and  villages, 
the  owners  of  lots  therein,  visitors  thereto,  and  punishing 
trespassers  thereon,  to  the  extent  as  though  such  cemeteries 
were  inside  the  corporate  limits  of  such  cities,  towns  and 


BOKIAL  GROUND — DAMAGE  BY  RIOT.  199 

villages;  and  the  officers  of  said  cities,  towns  and  villages  shall 
have  as  full  jurisdiction  and  power  in  the  enforcing  of  said 
rules  and  ordinances  as  though  they  related  to  such  city,  town 
or  village  itself.  [R.  S.  1889,  Sec.  942. 

SEC.   2.     Cemetery  lots,  conveyed  by  deed,   etc. 

— The  cemetery  lots  owned  by  such  city,  town  or  village  shall 
be  conveyed  by  deed  signed  by  the  mayor  of  said  city,  town 
or  village,  duly  attested  by  the  city  clerk,  and  shall  vest  in  the 
purchaser,  his  or  her  heirs  and  assigns,  a  right  in  fee  simple 
to  such  lot  for  the  sole  purpose  of  interment  under  the  regu- 
lations of  the  council.  [R.  S.  1889,  Sec. 


ARTICLE  XXVIII. 

RIOT— DAMAGE  BY. 

SECTION  SECTION 

1.  Rioter  liable  for  damages.  3.    City  not  liable,  when. 

2.  City  liable  for  acts  of  rioters.  4.    City  may  recover  from  rioter. 

SECTION  1.  Liability  for  connection  with  riotous 
assemblage. — Any  person  or  persons  forming  part  of  an 
unlawful  or  riotous  assemblage,  shall  be  liable  for.  any 
damage  to  person  or  property  caused  by  the  acts  of  such 
assemblage,  or  of  any  person  or  persons  unlawfully  connected 
therewith.  [R.  8.  1889,  Sec.  1766. 

SEC.  2.     Certain  cities  liable  for  damage  by  riots. 

—Any  city  of  the  first  class  or  of  the  second  class  in  which  such 
acts  shall  be  committed,  shall  be  liable  to  the  person  or  persons 
whose  property  shall  be  destroyed  or  injured  thereby,  for  the 
value  of  the  property  so  destroyed,  or  the  damage  thereto,  and 
the  same  may  be  recovered  by  suit  at  law,  without  joining  any 
person  or  persons  with  said  city  or  town  as  defendants  in  said 
suit.  [R.  S.  1889,  Sec.  1767. 

SEC.  3.  Construction  of  this  article. — This  article 
shall  not  be  so  construed  as  to  make  any  city  or  town  liable 
for  the  destruction  of,  or  for  any  damage  to,  any  property 


200  ARTICLES  OF  INCORPORATION. 

occupied  or  used  with  the  consent  or  knowledge,  or  by  the 
culpable  negligence  of  the  owner,  in  a  manner  or  for  a  purpose 
prohibited  by  the  laws  of  the  state  or  of  the  United  States,  or 
in  violation  of  the  ordinances  of  such  city  or  town,  nor  for  the 
destruction  of,  or  any  damage  to,  any  property  belonging  to  a 
person  engaged  in  or  unlawfully  connected  with  any  such 
assemblage.  [E.  S.  1889,  Sec.  1768. 

SEC.  4.  Damages  paid  by  city,  recoverable  from 
those  engaged  in  riot. — Any  city  or  town  paying  the  value 
of  property  so  destroyed  or  such  damages  thereto,  may,  by 
suit  at  law,  recover  the  same,  with  ten  per  cent  added,  and 
interest  and  costs,  of  any  person  or  persons  engaged  unlaw- 
fully in  such  assemblage,  or  having  aided  or  abetted  the  same. 
[R.  S.  1889,  Sec.  1769. 

ARTICLE  XXIX. 

DAM  AGES -ACTION  FOR   DAMAGES   FOR  PERSONAL  INJURIES. 

SECTION  SECTION 

1.    Suits  for  damages  against  cities  of  2.    Notice  to  be  given  in  suits  for  per- 

second  class — who  shall  be  parties  sonal  injuries, 

thereto  —  judgments,    of    whom 
collected. 

SECTION  1.  Suits  for  damages  against  cities  of 
second  class — who  shall  be  parties  thereto— judg- 
ments, of  whom  collected. — Whenever  any  city  of  the 
second  class  shall  be  made  liable  to  an  action  for  damages  by 
reason  of  the  wrongful  act,  negligence,  carelessness  or  unskill- 
fulness  of  any  person  or  corporation,  and  such  person  or  cor- 
poration shall  also  be  liable  to  an  action  on  account  thereof  by 
the  party  so  injured,  the  injured  party,  if  he  sues  such  city  for 
damages,  shall  also  join  such  other  person  or  persons  or  cor- 
porations so  liable  if  residing  in  this  state,  and  no  judgment 
shall  be  rendered  against  such  city  unless  judgment  be 
rendered  against  such  other  person  or  corporation  so  liable  to 
be  sued  as  aforesaid  ;  and  if  any  action  be  brought  against  the 
city  alone,  and  it  is  made  to  appear  that  any  person  or  corpor- 


DAMAGES — PERSONAL  INJURIES.  201 

ation  ought  to  be  joined  as  a  defendant  in  the  suit,  according 
to  the  provisions  of  this  act,  then  the  plaintiff  shall  be  non- 
suited ;  but  no  person  shall  be  liable  under  this  act  to  be  sued 
jointly  with  the  city,  who  would  not  be  liable  to  be  sued  sep- 
arately irrespective  of  its  provisions.  When  a  judgment  shall 
be  obtained  against  the  city  and  the  other  party  liable  as 
aforesaid,  execution  shall  issue  against  all  the  defendants  in 
the  ordinary  form,  but  shall  be  first  enforced  and  collected  of 
the  other  defendants,  and  shall  not  be  collected  of  the  city 
unless  the  other  defendants  are  so  insolvent  that  the  same  can 
not  be  made  out  of  them,  and  in  that  case  such  city  shall  pay 
only  so  much  of  the  judgment  as  cannot  be  made  out  of  the 
other  defendants,  and  upon  payment  of  the  whole  or  any  part 
of  the  judgment,  the  city  shall  thereupon  become  the  owner 
of  such  judgment  to  the  extent  of  such  payment,  and  may  en- 
force the  payment  thereof  by  execution  against  the  other 
defendant  or  defendants.  [Laws  1895,  p.  57. 

SEC.  2.  Notice  to  be  given  in  suits  for  personal 
injuries. — No  action  shall  be  maintained  against  any  city  of 
the  second  class  on  account  of  any  injuries  growing  out  of  any 
defect  in  the  condition  of  any  bridge,  street,  sidewalk  or 
thoroughfare  in  said  city,  unless  notice  shall  first  have  been 
given  in  writing,  verified  by  affidavit,  to  the  mayor  of  said 
city,  within  sixty  days  of  the  occurrence  for  which  such  dam- 
age is  claimed,  stating  the  place  where,  the  time  when  such 
injury  was  received,  and  the  character  and  circumstances  of 
the  injury,  and  that  the  person  so  injured  will  claim  damages 
therefor  from  such  city.  [Laws  1895,  p.  57. 


202 


ARTICLES  OF  INCORPORATION. 


ARTICLE  XXX. 


REGISTRATION. 


SECTION  SECTION 

1.  Registration  in  cities  of  25,000  and  13. 

less  than  100,000  inhabitants. 

2.  Who  may  be  registered.  14. 

3.  County  clerk  to  provide  registration  15. 

book ;  oath ;  form  of  book. 

4.  Appointment  of  registrar ;  his  pow-  16. 

ers;    election   of   registrar;    his 
qualifications ;  vacancies.  17. 

5.  Qualifications  of   voters;   challen-  18. 

ges;  rejected  ballots.  19. 

6.  County  clerks  to  deliver  registra- 

tion books  to  registering  officers.  20. 

7.  Days  of,  places  for,  and  notice  of  21. 

registration.  22. 

8.  Deputy  registrars. 

9.  Board  of  revision;  change  of  resi- 

dence. 23. 

10.  Hours  of  registration. 

11.  County    clerk   to    deliver   original  24. 

registration  book  and  copy. 

12.  Duties  of  clerks  of  election ;  return  25. 

of  books. 


Pay  of  registration  officers;  ex- 
penses. 

Elections,  how  conducted. 

Additional  lists  to  be  furnished  by 
county  clerk. 

Circuit  courts  to  have  supervisory 
control  of  registration. 

Special  registration,  day  of. 

Additional  registration,  etc. 

Voting  precincts ;  duty  of  common 
council. 

Registrar  not  to  be  candidate. 

Restrictions   on    registration. 

Corrupt  registration ;  refusal  to 
register  qualified  voters,  penalty 
on  registrar. 

Challenge  by  registrar,  proceed- 
ings. 

Destroying,  or  taking  by  violence, 
registration  book,  penalty. 

Justice  of  county  court  failing  of 
duty,  penalty. 


SECTION  1.  Registration  in  cities  of  twenty-five 
thousand  and  less  than  one  hundred  thousand 
inhabitants. — There  shall  be  a  registration  of  all  the  qualified 
voters  in  cities  having  a  population  of  twenty-five  thousand 
inhabitants  and  less  than  one  hundred  thousand  inhabitants, 
Tvhether  organized  under  general  law  or  special  charter,  which 
registration  shall  be  had  under  the  provisions  of  this  article. 
[^.  S.  1889,  Sec.  1790. 

SEC.  2.  Who  may  be  registered. —  Every  male 
citizen  of  the  United  States,  and  every  person  of  foreign  birth 
who  may  have  declared  his  intention  to  become  a  citizen  of 
the  United  States  according  to  law  not  less  than  one  year  nor 
more  than  five  years  before  he  offers  to  vote,  who  is  over  the 
age  of  twenty-one  years,  who  has  resided  in  this  state  one  year 
next  preceding  the  election  at  which  he  offers  to  vote,  and 
during  the  last  sixty  days  of  that  time  shall  have  resided  in  the 
city,  and  during  the  last  ten  days  of  that  time  in  the  ward  at 
which  he  offers  to  vote,  who  has  not  been  convicted  of  bribery, 


REGISTRATION. 


203 


perjury  or  other  infamous  crime,  nor  directly  interested  in  any 
bet  or  wager  depending  upon  the  result  of  the  election,  nor 
serving  at  the  time  in  the  regular  army  or  navy  of  the  United 
States,  shall  be  entitled  to  vote  at  such  election  for  all  offices, 
state  or  municipal,  made  elective  by  the  people,  or  at  any 
other  election  held  in  pursuance  of  the  laws  of  this  state  ;  but 
he  shall  not  vote  elsewhere  than  in  the  election  precinct  where 
his  name  is  registered  and  whereof  he  is  registered  as  a  resident. 
[72.  S.  1889,  Sec.  1791. 

SEC.  3.  County  clerk  to  provide  registration 
book — oath — form  of  book. — The  clerk  of  the  county 
court  for  general  or  special  election,  in  cities  of  twenty-five 
thousand  and  less  than  thirty  thousand  inhabitants  in  this 
state,  shall  provide  a  suitable  registration  book  for  each  elec- 
tion district  in  their  several  cities,  which  shall  have  written  or 
printed  therein  the  following  oath:  "We,  the  undersigned, 
do  solemnly  swear  (or  affirm)  that  we  will  support  the  consti- 
tution of  the  United  States  and  of  the  state  of  Missouri ; 
and  we  do  further  swear  (or  affirm)  that  we  have  not 
registered  in  any  other  election  district,  that  we  and  each  of 
us  have  given  our  true  names  and  place  of  residence  as  hereto 
subscribed."  The  registration  books  and  the  registration  lists 
of  poll  books,  as  hereinafter  provided  to  be  delivered  to  the 
judges  of  election,  shall  be  in  the  following  form  : 


NAME. 


RESIDENCE. 


[72.   S.  1889,  Sec.  1792. 


204  ARTICLES  OF  INCORPORATION. 

SEC.  4.  Appointment  of  registrar — his  powers 
—election  of  registrar — his  qualifications— vacan- 
cies.— On  or  before  the  thirty-first  day  of  March,  1890,  the 
county  courts  of  all  counties  in  this  state  containing  cities  of 
twenty-five  thousand  and  less  than  one  hundred  thousand 
inhabitants  shall  appoint  some  competent  person  who  is  a 
real  estate  owner,  and  who  is  at  the  time  of  appointment  a 
qualified  voter  of  the  election  district  for  which  he  is  appointed, 
to  act  as  registrar  in  each  election  district  in  said  cities,  who 
shall  hold  his  office  until  the  general  election,  1890,  and 
until  his  successor  is  elected  and  qualified.  Said  registrar 
shall  have  authority  to  administer  all  oaths  which  may  be 
necessary  in  the  registration  of  voters  ;  and  if  there  should  be 
no  regular  term  of  the  county  court  of  any  such  counties  in 
this  state  held  on  or  before  the  tenth  day  of  March,  1890,  then 
a  special  term  of  such  court  shall  be  held  on  that  day  of  which 
no  notice  shall  be  necessary,  for  the  purpose  of  making  the 
appointment  herein  provided  for.  At  the  general  election  to 
be  held  on  the  first  Tuesday  after  the  first  Monday  of  Novem- 
ber, 1890,  and  every  two  years  thereafter,  the  qualified  voters 
of  each  election  district  in  said  cities  of  this  state  shall 
elect  one  registrar,  who  shall  have  the  qualifications  of  an 
elector  in  his  election  district,  and  be  an  owner  of  real  estate 
in  this  state,  and  who  shall  hold  his  office  for  two  years,  and 
until  his  successor  is  elected  and  qualified.  All  vacancies  in 
the  office  of  registrar  shall  be  filled  by  the  respective  county 
courts,  and  should  any  county  court  in  this  state  fail  to  make 
the  appointments  of  registrars  as  hereinbefore  required,  on  or 
before  the  tenth  day  of  March,  1890,  there  shall  be  a  vacancy 
therein  within  the  meaning  of  this  article.  \_R.  S.  1889, 
Sec.  1793. 

SEC.  5.  Qualifications  of  voters  —  challenges- 
rejected  ballots. — Any  person  having  the  qualification  of  a 
voter  as  prescribed  in  this  article,  and  who  shall  take  and 
subscribe  the  oath  required  of  voters  by  this  article,  and  who 
applies  for  registration  at  the  time  and  in  the  manner  pre- 


REGISTRATION.  205 

scribed  by  law,  and  an}7  naturalized  citizen  who  shall  subscribe 
to  a  written  statement  under  oath  before  the  registrar,  that  he  is 
naturalized  according  to  the  laws  of  the  United  States  and  of 
this  article,  and  that  his  naturalization  papers,  or  evidence  of 
his  citizenship,  have  been  lost  or  destroyed,  or  that  the  same 
are  not  accessible  to  him,  and  shall  state  where  he  was  natur- 
alized, shall  be  accepted  by  the  registering  officer,  and  duly 
registered  as  a  qualified  voter:  Provided,  any  person  registered 
according  to  the  provisions  of  this  article,  when  he  offers  to 
vote,  may  be  challenged  as  disqualified  by  any  person  who  is 
an  elector  of  this  state  ;  and  it  shall  be  the  duty  of  the  judges 
of  election  to  try  and  determine,  in  a  summary  manner,  before 
the  close  of  the  polls,  the  qualifications  of  any  person  chal- 
lenged as  aforesaid,  and  upon  proof  that  the  person  so  chal- 
lenged is  not  a  qualified  voter,  the  judges  of  election  shall 
reject  his  vote,  and  they  shall  state,  opposite  the  name  of  the 
person  on  the  registered  list  of  voters  whose  vote  is  rejected, 
the  nature  of  his  disqualification  and  the  names  of  the  witnesses 
upon  whose  testimony  his  vote  was  rejected,  but  the  vote  of 
no  person  who  may  be  challenged  shall  be  rejected  except 
upon  the  testimony  of  two  creditable  witnesses  :  And  pro- 
vided farther ',  that  the  party  challenging  the  right  of  any  per- 
son to  vote  shall  swear,  before  the  judges  of  election  at  the 
time  of  so  challenging  the  vote,  that  to  the  best  of  his  knowl- 
edge and  belief  the  party  (naming  him)  is  not  a  qualified  voter 
under  the  laws  of  this  state,  and  he  shall  also  swear  to  the 
reasons  which  disqualify  him  from  voting:  And  provided 
further,  that  the  ballot  of  such  person  so  rejected  shall  be  pre- 
served and  returned  with  the  books  and  other  ballots  in  a 
separate  envelope  marked  "rejected  ballots,"  and  the  clerk  of 
the  county  shall  preserve  the  same  in  his  office.  [R.  S.  1889, 
Sec.  1794. 

SEC.  6.  County  clerks  to  deliver  registration 
books  to  registering  officers. — The  clerk  of  the  county 
court  shall  deliver,  or  cause  to  be  delivered,  the  registration 


206  ARTICLES  OF  INCORPORATION. 

books  required  by  section  1792  of  this  article,  to  the  various 
registering  officers  of  his  county,  at  least  three  days  before  the 
time  set  for  any  registration,  and  they  shall  be  returned  by 
such  officers  to  the  county  clerk,  together  with  a  copy  thereof, 
alphabetically  arranged,  all  and  each  of  which  duly  certified 
under  their  hands,  within  three  days  after  the  close  of  each 
registration,  and  be  kept  by  the  clerk,  subject  to  public  inspec- 
tion. [R.  S.  1889,  Sec.  1795. 

SEC.  7.  Days  and  places  for,  and  notice  of  regis- 
tration.— The  county  court  of  each  county  containing  cities 
of  twenty-five  thousand  and  less  than  one  hundred  thousand 
inhabitants,  shall  appoint  days  of  registration,  not  to  exceed 
five  in  each  election  district  of  said  cities,  which  shall  be  within 
forty  days  next  preceding  the  tenth  day  prior  to  every  biennial 
election  ;  the  county  court  of  each  of  said  counties  shall  also 
appoint,  at  least  ten  days  before  any  special  or  municipal  elec- 
tion held  in  their  county,  days  of  registration,  not  exceeding 
three,  in  each  election  district  of  said  cities  for  the  purposes 
of  such  special  or  municipal  election,  at  which  time  those  who 
have  become  entitled  to  register  at  the  last  general  registration, 
but  who  having  for  any  cause  failed  or  neglected  to  do  so,  may 
register  upon  compliance  with  the  provisions  of  this  article. 
All  registration  of  voters  under  this  article  shall  be  held  at  the 
place  of  voting  established  by  the  county  courts  in  each  election 
district ;  and  the  county  court  shall  give  notice  of  such  regis- 
tration and  the  places  where  the  same  is  to  be  held,  by  publi- 
cation thereof  in  a  daily  newspaper  published  in  said  city  for 
ten  days  next  preceding  such  registration.  [_R.  S.  1889,  See. 
1796. 

SEC.  8.  Deputy  registrars. — Wherever  there  shall 
be  more  than  one  precinct  in  any  election  district  in  which 
registration  is  required  to  be  made  under  this  article,  the 
registrars  shall  appoint  one  deputy  registrar  for  each  additional 
precinct,  who  shall  be  vested  with  all  the  powers  and  duties  of 
the  registrar  of  the  district.  Each  deputy  so  appointed  shall 


REGISTRATION.  207 

reside  in  the  precinct  for  which  he  is  appointed  ;  shall  have  the 
qualifications  of  an  elector  therein,  and  be  an  owner  of  real 
estate  in  the  state.  [/?.  S.  1889,  Sec.  1797. 

SEC.  9.     Board  of  revision — change  of  residence. 

—On  the  Friday  and  Saturday  preceding  the  seventh  day 
before  each  general  election,  the  registrars  of  each  district  shall 
meet  at  the  court  house  in  said  city  as  a  board  of  revision. 
They  shall  pass  upon  the  claims  of  all  persons  asking  to  be 
registered  and  who  shall  not  have  been  registered,  and  also 
upon  all  objections  to  parties  who  have  been  registered  as 
qualified  voters.  They  shall  add  to  the  list  in  each  precinct 
the  names  of  such  persons  as  are  legally  entitled  to  registration 
therein,  and  shall  strike  therefrom  such  as  have  been  improperly 
registered  ;  but  the  name  of  no  person  shall  be  stricken  from 
the  list  unless  he  shall  have  had  at  least  two  days'  notice  in 
writing  of  the  time  and  place  his  case  will  be  heard  :  Provided, 
if  objections  shall  be  made  at  the  time  the  person  is  registered, 
no  notice  shall  be  necessary,  but  such  objection  and  the  name 
of  the  objector  shall  be  noted  at  the  time  of  registration  by  the 
registering  officer.  If  any  person  who  has  been  duly  regis- 
tered removes  his  residence  from  the  election  district  in  which 
he  is  registered  to  another  election  district  in  the  same  city,  not 
less  than  ten  days  previous  to  the  next  election  following,  the 
registration  officer  of  the  district  whence  he  removed  shall 
grant  him  a  certificate  of  registration,  and  write  the  word 
"  removed  "  opposite  his  name  on  the  registration  book  of  that 
district  ;  upon  the  presentation  of  his  certificate  to  the  board 
of  revision,  he  shall  be  entered  as  a  registered  voter  in  the 
district  to  which  he  has  removed,  on  or  before  the  day  of 
election,  and  be  entitled  to  vote  in  such  district.  [R.  S. 
1889,  Sec.  1798. 

SEC.  10.  Hours  of  registration. — The  registration 
officers  shall,  in  the  discharge  of  their  duties,  attend  at  the 
places  of  registration  in  their  respective  districts  on  the  days 
appointed  by  the  county  court  and  by  this  article,  from  the 


208  ARTICLES  OF  INCORPORATION. 

hours  of  eight  o'clock  in  the  forenoon  until  nine  o'clock  p.  ra. 
of  each  day,  and  shall,  without  delay,  register  all  persons  as 
voters  who,  having  the  qualifications  prescribed  by  law,  pre- 
sent themselves  therefor  and  take  the  oath  required  by  this 
article.  [R.  S.  1889,  Sec.  1799. 

SEC.  11.  County  clerk  to  deliver  original  regis- 
tration book  and  copy. — The  county  clerk  of  each  county 
containing  cities  in  which  registration  may  be  had  under  and 
by  virtue  of  this  article  shall,  on  the  day  before  the  election 
for  which  any  such  registration  was  made,  deliver  to  the 
judges  of  election  appointed  under  and  by  virtue  of  the  general 
law  of  elections,  the  original  registration  book  of  their  respec- 
tive precincts,  together  with  a  copy  thereof,  heretofore  required 
to  be  made,  and  shall  take  the  receipt  of  one  of  the  judges 
therefor.  [£.  S.  1889,  Sec.  1800. 

SEC.  12.     Duties  of  clerks  of  election — return  of 

books. — The  clerks  of  the  election  shall,  at  the  time  any 
person  votes  or  offers  to  vote,  enter  the  words  "  voted"  or 
"  rejected,"  as  the  case  may  be,  opposite  the  voter's  name,  on 
the  registration  books  or  lists  furnished  them,  in  the  appro- 
priate column  ;  and  at  the  close  of  the  polls  the  registration 
book  or  lists  shall  be  signed  by  the  judges  and  attested  by  the 
clerks,  and  the  names  therein  marked  "  voted "  shall  be 
counted  and  the  number  set  down  at  the  foot  of  the  registra- 
tion book  or  list,  and  any  variance  between  that  and  the 
number  of  ballots  counted,  noted  on  said  books;  and  the  names 
therein  marked  "  rejected,"  or  otherwise  disposed  of,  shall  be 
counted  and  the  number  set  down  at  the  foot  of  the  registration 
book  or  list,  and  any  variance  between  that  and  the  number  of 
rejected  ballots  noted  in  like  manner.  The  registration  books 
shall  then  be  returned  to  the  county  clerk  in  the  manner  now 
provided  by  law  for  the  return  of  poll  books.  [B.  S.  1889, 
Sec.  1801. 

SEC.   13.     Pay  of  registration  officers — expenses. 

Each  registration  officer,  including  deputies,  shall  receive  for 


REGISTRATION.  209 

his  services,  under  this  article,  three  dollars  per  day  for  each 
day  necessarily  occupied  in  the  discharge  of  his  duties,  and  all 
other  officers  shall  receive  the  like  fees  as  now  allowed  by  law 
for  similar  services.  All  expenses  incurred  under  this  article 
shall  be  paid  out  of  the  respective  county  treasuries.  [./?.  S. 
1889,  Sec.  1802. 

SEC.  14.  Elections,  how  conducted. — All  elections 
in  such  city  shall  be  conducted  in  all  respects  as  provided  in 
this  article,  and  subject  to  all  the  provisions  of  the  Revised 
Statutes,  entitled  "of  elections,"  so  far  as  the  same  do  not 
conflict  with  this  article.  [R.  S.  1889,  Sec.  1803. 

SEC.   15.     Additional   lists    to    be    furnished  by 

county  clerk. — In  case  any  such  city  shall  desire  one  or 
more  certified  lists  of  the  registered  voters  resident  within  their 
corporate  limits,  to  be  used  by  the  judges  of  the  election  at 
any  corporate  election,  the  clerk  of  the  county  court  is  directed, 
on  demand  of  the  lawful  authorities  of  such  city,  to  make  out 
and  certify  such  lists,  but  all  expenses  thereof  shall  be  paid  by 
the  said  city.  [R.  8.  1889,  Sec.  1804. 

SEC.  16.  Circuit  courts  to  have  supervisory  con- 
trol of  registration. — The  circuit  court  of  the  several  coun- 
ties shall  have  a  supervisory  control  over  the  registration 
officers  appointed  or  elected  by  virtue  of  this  article,  and  the 
clerks  of  the  county  courts,  touching  all  matters  appertaining 
to  the  registration  of  voters.  [#.  5.  1889,  Sec.  1805. 

SEC.  17.  Special  registration,  day  of. — There  shall 
be  a  special  registration  held  according  to  the  provisions  of 
this  article,  commencing  on  the  31st  day  of  March,  1890,  in  all 
the  counties  of  this  state  containing  cities  of  twenty-five  thous- 
and and  less  than  thirty  thousand  inhabitants,  for  said  cities. 
[JR.  S.  1889,  Sec.  1806. 

SEC.  18.  Additional  Registration,  etc. — Addi- 
tional registration  shall  be  made  for  special  elections,  except 
elections  for  school  purposes,  but  after  the  special  registration 

14 


210  ARTICLES  OF  INCORPORATION. 

provided  for  in  the  next  preceding  section  shall  have  been 
made,  no  special  election  shall  be  invalidated  because  of  a 
failure  to  make  such  registration.  \_B.  8.  1889,  Sec.  1807. 

SEC.   19.     Voting    precincts  —  duty    of    common 

council. — The  common  council  of  every  city  in  which  regis- 
tration of  voters  may  be  had  under  and  by  virtue  of  any 
special  charter,  or  under  the  provisions  of  this  article,  may,  by 
ordinance,  provide  for  two  or  more  voting  precincts  in  each 
ward  of  such  city,  and  such  common  council,  may,  by  ordi- 
nance, make  such  provisions  as  to  judges  and  clerks  of  elec- 
tions and  additional  copies  of  registration  lists  and  the  use  of 
such  copies  at  such  voting  precincts,  as  may  be  necessary  in 
the  premises.  [B.  S.  1889,  Sec.  1808. 

SEC.  20.     Registrar    not    to    be    candidate. — No 

registrar  shall  be  a  candidate  for  any  office  under  the  laws  of 
this  state  at  the  general  or  special  election  for  which  regis- 
tration has  been  made  by  him.  [B.  S.  1889,  Sec.  1809. 

SEC.  21.  Restrictions — illegal  registration — pen- 
alty.—  No  person  shall  register  in  any  election  district 
other  than  the  one  in  which  he  resides  at  the  time  of  registra- 
tion. Any  person  registering  under  an  assumed  name,  or 
name  other  than  his  own,  or  who  shall  register  in  more  than 
one  election  district  at  any  registration,  or  shall  wilfully  and 
illegally  procure  his  name  to  be  placed  upon  the  registration 
lists  of  voters,  when  not  entitled  thereto,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than 
one  thousand  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  six  months  nor  more  than  one  year,  or  by  both 
such  fine  and  imprisonment.  [B.  8.  1889,  Sec.  1810. 

SEC.  22.  Corrupt  registration — refusal  to  regis- 
ter qualified  voters  —  penalty  on  registrar. —  Any 

registrar  who  shall  knowingly  and  corruptly  register  any  person 
as  a  voter  who  is  not  entitled  so  to  be  registered,  and  any 


REGISTRATION.  211 

registrar  who  shall  wilfully  and  maliciously  or  corruptly  refuse 
to  register  any  person  entitled  to  be  registered  as  a  voter,  shall 
on  conviction  thereof  be  punished  by  a  fine  not  to  exceed  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  to 
exceed  one  year  ;  and  shall  for  ten  years  thereafter  be  dis- 
qualified from  voting  at  any  election  held  in  this  state,  or  from 
holding  any  office  of  honor,  profit  or  trust  under  the  laws  of 
this  state.  [72.  S.  1889,  Sec.  1811. 

SEC.  23.    Challenge  by  registrar — proceedings.— 

If  the  right  of  any  person  to  register  as  a  qualified  voter  be 
challenged,  or  if  the  registrar  doubts  the  qualifications  of  any 
person  applying  for  registration,  such  person  shall  file  with  the 
registrar  his  second  written  statement  as  to  his  qualifications 
as  a  voter,  as  prescribed  by  the  provisions  of  this  article,  which 
statement  shall  be  conclusive  of  the  facts  therein  contained, 
and  shall  be  returned  by  the  registrar,  with  his  books,  to  the 
county  clerk  of  the  county,  and  filed  and  preserved  by  him. 
[7?.  8.  1889,  Sec.  1812. 

SEC.  24.  Destroying  or  taking  by  violence  reg- 
istration book,  penalty. — Whoever  shall  wilfully  and 
maliciously  destroy,  mutilate  or  deface,  or  take  by  violence 
from  any  registrar,  judge  of  election,  county  clerk  or  other 
proper  custodian,  or  steal,  take  and  carry  away  from  its  proper 
custodian,  any  book  of  registration  or  list  of  voters  required 
by  this  article  to  be  made  or  kept,  shall,  on  conviction  thereof, 
be  punished  by  imprisonment  in  the  county  jail  not  more  than 
twelve  months,  or  by  a  fine  not  exceeding  five  hundred  dollars, 
or  by  bath  such  fine  and  imprisonment.  [72.  S.  1889,  Sec.  1813. 

SEC.  25.    Justice  of  county  court  failing  of  duty, 

penalty. — Any  justice  of  the  county  court,  or  any  other 
officer  who  shall  be  charged  with  the  performance  of  any 
duties  appertaining  to  the  registration  of  voters,  who  shall  wil- 
fully and  corruptly  fail  or  refuse  to  perform  the  same,  shall  be 
deemed  guilty  of  a  misdemeanor  in  office.  [72.  S.  1889, 
Sec.  1814. 


212 


ARTICLES  OF  INCORPORATION. 


ARTICLE  XXXI. 


MISCELLANEOUS  PROVISIONS. 


SECTION 

1.  Persons  charged  with  collection  of 

money  shall  pay  same  over  to  city 
treasurer. 

2.  Improvements  to  be  let  to  lowest 

bidder. 

3.  Ordinances  and  proceedings,  how 

proved. 

4.  Repeal  of  acts,  how  construed. 

5.  Warrants  to  issue  for  violation  of 

ordinances. 

6.  Who  to  be  conservators  of  the  peace. 


SECTION 

7.  Title    of  City    Recorder    changed 

to  Judge  of  the  Police  Court. 

8.  Duties     of    City    Recorder    not 

affected. 

9.  Justice  of   the  Peace  may  act  at 

Judge  of  the  Police  Court. 

10.  Officers  to  hold  until  successors  are 

qualified. 

11.  City  to  give  bond  on  taking  appeal. 

12.  Cannot  sanction  or  license  bawdy 

house  or  gambling. 


SECTION  1.  Payments  to  the  treasurer. — All  per- 
sons charged  with  the  collection  of  money  under  the  charter 
and  ordinances  of  the  city  shall  promptly  pay  the  same  over 
to  the  city  treasurer,  under  such  penalty  as  may  be  pre- 
scribed by  ordinance,  and  the  treasurer  shall  issue  duplicate 
receipts  therefor,  one  of  which  shall  be  handed  by  the  person 
receiving  the  same  forthwith  to  the  auditor,  and  the  other  shall 
be  countersigned  by  the  auditor  before  it  shall  be  valid  for  any 
purpose  in  favor  of  such  persons  receiving  the  same.  \_R.  8. 
1889,  Sec.  1316. 

SEC.  2.  Work  to  be  let  by  contract. —  All  city 
improvements  of  whatever  kind  or  character,  including  the 
erection  of  all  public  buildings  made  or  to  be  erected  at  the 
expense  of  said  city,  shall  be  let  by  contract  to  the  lowest  and 
best  bidder,  and  shall  be  prescribed  by  ordinance  :  Provided, 
that  nothing  in  this  section  shall  be  so  construed  as  to  prevent 
the  repair,  by  day's  work,  of  streets,  sewers,  culverts,  build- 
ings or  other  city  property,  so  far  as  may  be  necessary  for 
their  preservation,  under  the  direction  of  the  city  engineer  or 
other  proper  officer,  when  such  repairs  shall  have  been  ordered 
to  be  made  by  a  vote  of  the  common  council.  [E,  S.  1889, 
Sec.  1436. 


MISCELLANEOUS  PROVISIONS.  213 

SEC.  3.  Ordinances,  authentication  of. — All  ordi- 
nances, resolutions  and  proceedings  of  the  city  may  be 
approved  by  the  seal  of  the  corporation,  attested  by  the  officer 
having  charge  thereof,  and  when  printed  and  published  by 
authority  of  the  corporation,  the  same  shall  be  received  in 
evidence  in  all  courts  and  places  without  further  proof.  [JR.  S. 
1889,  Sec.  1437. 

SEC.  4.  Effect  of  this  article  on  accrued  rights, 
etc.  — The  repeal  of  any  act  by  the  provisions  of  this  article 
shall  not  in  anywise  be  so  construed  as  to  effect  any  right  or 
liability  acquired  or  accrued  there  under,  by  or  on  the  part  of 
the  city  or  any  person  or  body  corporate.  \_R.  8.  1889,  Sec. 
14,38. 

SEC.  5.  Warrant  to  issue,  when. — A  warrant  shall 
issue  in  all  cases  in  favor  of  such  city  for  a  violation  of  any 
ordinance,  by-law  or  other  regulations,  when  any  person  shall 
make  oath  or  affirmation  that  such  violation  has  been  com- 
mitted, or  upon  information  by  the  city  attorney.  [R.  S. 
1889,  Sec.  1439. 

SEC.   6.     Certain    officers    conservators    of    the 

peace. — The  mayor,  aldermen,  chief  of  police,  and  all  police 
officers,  shall  be  conservators  of  the  peace,  and  all  officers  of 
the  city  created  conservators  of  the  peace  under  this  article,  or 
authorized  by  any  ordinance,  shall  have  power  to  arrest  or 
cause  to  be  arrested,  with  or  without  process,  all  persons  who 
shall  break  the  peace,  or  be  found  violating  any  ordinance  of 
the  city  or  laws  of  the  state,  commit  for  examination,  and,  if 
necessary,  detain  such  person  over  night,  or  on  the  Sabbath, 
in  the  city  prison,  or  any  other  safe  place,  or  until  they  can  be 
brought  before  the  city  recorder  [judge  of  the  police  court,]  or 
other  proper  officer,  and  shall  have  and  exercise  such  other 
powers  as  conservators  of  the  peace  as  the  common  council 
may  prescribe.  [R.  S.  1889,  Sec.  1440. 

SEC.  7.     Changing    title   of    city   recorder. — The 

name  of  the   "  city  recorder"  in  all  cities  of  the  second  class 


214:  ARTICLES  OF  INCORPORATION. 

in  this  state  be  and  the  same  is  hereby  changed  to  "judge  of 
the  police  court."  {Laws  1891,  p.  50. 

SEC.  8.  Duties  not  to  be  affected.  —  Nothing  in  this 
act  shall  be  construed  to  in  any  manner  affect  the  duties  or 
powers  of  said  city  recorder,  but  the  same  shall  be  performed 
and  be  retained  by  said  judge  of  the  police  court.  [Laws  1891, 
p.  50. 

SEC.  9.  When  justice  may  act.  —  In  case  of  the  sick- 
ness or  absence  from  the  city  of  the  city  recorder  [judge  of  the 
police  court,]  some  justice  of  the  peace,  resident  within  the 
city,  to  be  designated  by  said  recorder  [judge  of  the  police 
court,]  or  upon  his  failure  to  designate,  then  by  the  mayor, 
shall  perform  the  duties  of  recorder  [judge  of  the  police  court,] 
and  judgments  rendered  by  such  justice,  so  acting,  shall  have 
the  same  force  and  effect  as  the  judgments  of  the  recorder 
[judge  of  the  police  court.]  [R.  S.  1889,  Sec.  1441. 

SEC.  10.     Tenure    of    present   incumbents.  —  All 

persons  now  in  office  in  said  city  shall  hold  their  offices  until 
their  successors  are  elected  or  appointed  and  qualified,  as  herein 
provided.  [R.  .S.  1889,  Sec. 


SEC.  11.  City  to  give  bond  on  appeal.  —  Such  city, 
in  taking  an  appeal  or  prosecuting  a  writ  of  error  in  any  judicial 
proceeding,  shall  give  bonds,  as  required  by  law  ;  but  it  is 
hereby  released  from  the  obligations  of  law  to  furnish  security 
therefor.  All  such  bonds  shall  be  executed  by  the  mayor,  and 
shall  be  taken  in  all  courts  of  this  state  as  a  full  compliance 
with  the  law  in  such  cases,  and  all  acts  and  parts  of  acts  incon- 
sistent with  this  provision  are  hereby  repealed.  In  all  actions 
brought  by  or  against  such  city,  the  inhabitants  of  the  city  may 
be  jurors  or  witnesses,  if  otherwise  competent  and  qualified. 
[jR.  S.  1889,  Sec.  H43. 

SEC.  12.     Gambling  and  bawdy  houses  prohibited 

—  penalty.  —  Every  person  who  shall  set  up  or  keep  a  common 
gaming  house,  or  bawdy  house  or  brothel  or  house  of  assigna- 


REFERENCES  TO  GENERAL  LAWS. 


215 


tion,  shall,  on  conviction,  be  adjudged  guilty  of  a  misdemeanor 
and  punished  by  a  fine  not  less  than  two  hundred  nor  exceeding 
one  thousand  dollars  ;  and  it  shall  not  be  lawful  for  any 
county,  township,  city  or  town  in  this  state,  directly  or 
indirectly,  to  license,  regulate  or  place  under  the  sanction  of 
law  gambling  or  gaming  houses,  bawdy  houses  or  brothels,  or 
houses  of  ill  fame  or  assignation,  under  any  pretenses  what- 
ever. [R.  S.  1889,  Sec.  3811. 


ARTICLE  XXXII.       . 

REFERENCE    TO    LAWS   AFFECTING   CITIES    OF   THE  SECOND 

CLASS,  BUT  NOT  CONTAINED  IN  THE  GENERAL 

LAW  GOVERNING  SUCH  CITIES. 


5. 
6. 

7. 

8. 

9. 
10. 
11. 


SECTION 

15.  Statement  of  expenditure  by  candi- 

dates for  municipal  office— to  be 
filed  when. 

16.  Road  and  street  crossings  and  sign 

board  to  be  maintained  by  rail- 
road. 

17.  Board   of   health— infectious    dis- 


SECTION 

1.  Revenue    derived    from     railroad 

property. 

2.  President  or  chief  officer  to  furnish 

statement. 

3.  Board  to  make  apportionment. 

4.  State  auditor  must  certify  assess- 

ment. 

Local  property,  how  assessed. 
Officer  must  furnish  statement. 
Local  assessment  and  rate  returned 

to  county  court. 
County  court  to  levy  tax. 
Clerk  to  extend  taxes. 
Taxes  are  due,  when. 
Back  tax  book. 

12.  Erroneously  reporting  lands  delin- 

quent. 

13.  Appellate  jurisdiction  in  what  court 

14.  Coal  oil  inspector. 

SECTION  1.  Revenue  derived  from  railroad  prop- 
erty. —  All  railroads  and  all  other  property,  real,  personal  or 
mixed,  owned,  hired  or  leased  by  any  railroad  or  corporation 
in  this  state,  is  subject  to  taxation  for  state,  county  or  other 
municipal  or  local  purposes,  and  taxes  levid  thereon  shall  be 
levied  in  the  manner  hereinafter  set  forth.  [R.  8.  1889, 
Sec.  7717. 

SEC.  2.  President  or  chief  officer  to  furnish 
statement.  —  It  is  the  duty  of  the  president  or  rather  chief 


18. 
19. 
20. 
21. 
22. 
23. 

24. 
25. 


Dead  bodies,  how  disposed  of. 

Workhouse  instead  of  jail. 

Reform  school  for  boys. 

Industrial  school  for  girls. 

Police  may  form  relief  association. 

Fire  department  may  form  relief 
association.  « 

Inspection  of  factories,  etc. 

Foreign  insurance  tax,  apportion- 
ment of,  etc. 


ARTICLES  OF  INCORPORATION. 

officer  of  a  railroad  company  to  furnish,  on  or  before  the  first 
day  of  January  in  each  year,  to  the  state  auditor,  a  statement 
setting  out  in  detail  the  total  length  of  the  road  so  far  as  com- 
pleted, and  the  length  of  double  or  side  tracks,  with  depots, 
water  tanks  and  turn  tables,  the  length  of  such  road,  double 
or  side  tracks,  in  each  county,  municipal  township,  incorpor- 
ated city,  town  or  village  through  or  in  which  it  is  located  ; 
the  total  number  of  engines  and  cars  of  every  kind  and  descrip- 
tion, including  all  palace  or  sleeping  cars,  passenger  and 
freight  cars,  and  all  other  movable  property  owned,  used  or 
leased  by  them,  on  the  first  day  of  June  in  each  year,  and  all 
actual  cash  value  thereof.  [7?.  S.  1889,  Sec.  7718. 

SEC.   3.     Board   to    make    apportionment. —  The 

board  of  equalization  is  required  to  apportion  the  aggregate 
value  of  all  property  hereinbefore  specified,  to  each  county, 
municipal  township,  city  or  incorporated  town  in  which  such 
road  is  located,  according  to  the  ratio  which  the  number  of 
miles  of  such  road  completed  in  such  county,  municipal  town- 
ship, city  or  incorporated  town  bears  to  the  whole  length  of 
such  road  in  the  state  ;  and  in  case  the  road  shall  be  consoli- 
dated with  another  road  which  is  exempt  from  taxation,  that 
portion  of  the  road  which  is  liable  to  taxation  shall  be  assessed, 

etc.     \R.  8.  1889,  Sec.  7725. 
• 

SEC.  4.     State  auditor  must  certify  assessment. 

—It  is  the  duty  of  state  auditor  to  certify  to  the  county  court 
the  assessment  of  all  such  railroad  property  as  adjusted, 
equalized,  assessed  and  apportioned,  to  the  county,  city, 
town,  village  and  municipal  township  ;  which  certificate  is 
prima  facie  evidence  of  the  facts  therein  set  forth,  etc. 
[B.  S.  1889,  Sec.  7727. 

SEC.  5.  Local  property,  how  assessed. — All  prop- 
erty, real,  personal,  or  mixed,  including  lands,  machine  and 
workshops,  round  houses,  warehouses  and  other  buildings, 
goods,  chattels  and  office  furniture  of  whatever  kind,  owned 
or  controlled  bj'  any  railroad  company  or  corporation  in  this 


REFERENCES  TO  GENERAL  LAWS.  217 

state  not  hereinbefore  specified,  shall  be  assessed  by  the  proper 
assessors  in  the  several  counties,  cities,  incorporated  towns 
and  villages  wherein  such  property  is  located,  under  the  gen- 
eral revenue  laws  of  the  state,  and  the  municipal  laws  regulat- 
ing the  assessments  of  other  local  property  in  such  counties, 
cities,  incorporated  towns  and  villages  respectively  ;  but  the 
taxes  on  the  property  so  assessed  shall  be  levied  and  collected 
according  to  the  provisions  of  this  article.  [R.  S.  1889,  Art. 
8,  Sec.  7728. 

SEC.   6.     Officer  must  furnish  statement. — For  the 

purpose  of  carrying  out  the  provisions  of  the  preceding  sec- 
tion, the  president  or  other  chief  officer  is  required  to  furnish 
to  the  county  clerk  a  separate  statement  under  oath  for  the 
benefit  of  county  and  other  local  assessors,  specifically 
describing  the  property  of  the  company  which  is  not  included 
in  the  returns  to  the  state  auditor  and  county  clerks,  etc. 
[R.  S.  1889,  Sec.  7729. 

SEC.  7.  Local  assessments  and  rate  returned  to 
county  court. — It  shall  be  the  duty  of  each  city  or  town 
council,  board  of  aldermen  or  board  of  trustees,  as  the  case 
may  be,  of  every  city  or  incorporated  town  or  village,  wherein 
any  railroad  property  is  located,  on  or  before  the  tenth  day  of 
August  of  each  year,  to  certify  to  the  county  courts  of  their 
respective  counties  a  statement  of  the  assessments  made  in 
pursuance  of  section  7728,  and  also  the  rate  per  cent  levied  by 
such  city  or  incorporated  town  or  village  on  all  property 
therein  for  municipal  purposes  for  that  year.  [7?.  S.  1889, 
Sec.  77* JO.  Amended  Laws  1891,  p.  194. 

SEC.   8.     County  court  to  levy  the  tax. — It  is  the 

duty  of  the  county  court  to  ascertain  and  levy  the  taxes  for 
state,  county,  municipal  township,  city,  incorporated  town  and 
village  and  school  purposes,  etc.,  on  the  railroad  property  at 
the  same  rate  as  may  be  levied  on  other  property,  and  also  for 
omitted  years,  etc.,  at  the  rate  that  was  levied  upon  other 


218  ARTICLES  OF  INCORPORATION. 

property  for  such   years,  but   the   levy  cannot  exceed  the  con- 
stitutional limit.     [R.  S.  1889,  Sec.  7731. 

SEC.  9.  Clerk  to  extend  taxes. — Within  ten  days 
after  the  county  court  has  levied  the  taxes  on  railroad  prop- 
erty, the  county  clerk  must  extend  the  same  on  a  separate  tax 
book,  to  be  known  as  the  railroad  tax  book,  stating  the  amount 
of  state,  county,  municipal,  city,  town  or  village  school  taxes, 
etc.,  separately.  [R.  S.  1889,  Sec.  7733. 

SEC.  10.  Taxes  are  due,  when. — And  all  taxes  due 
to  the  county  or  state,  and  all  taxes  due  cities,  incorporated 
towns,  villages,  municipal  townships  and  school  districts,  are 
due  and  payable  to  the  county  collector  on  the  first  day  of 
September  of  the  year  for  which  the  same  were  levied.  [R.  8. 
1889,  Sec.  7736.  Amended  Laws  1891,  p.  194. 

SEC.  11.  Back  tax  book. — Within  thirty  days  after 
the  settlement  of  the  collector  of  the  county,  etc.,  in  cities, 
the  register,  city  clerk  or  other  proper  officer,  must  make  in  a 
uback  tax  book,"  a  correct  list,  in  numerical  order  of  all  town 
lots  on  which  back  taxes  shall  be  due  such  city,  etc.,  etc. 
When  completed  it  must  be  delivered  to  the  proper  collector, 
who  must  give  a  receipt  therefor.  In  cities  the  back  tax  book 
must  be  made  out  in  alphabetical  order,  etc.  [R.  S.  1889, 
Sec.  7679. 

SEC.  12.  Reporting  lands  delinquent. — Any  col- 
lector who  shall  fail  to  make  true  return  of  all  real  estate  on 
which  taxes  have  been  paid  is  liable  for  all  damages,  etc., 
including  attorney's  fees,  etc.  [R.  S.  1889,  Sec.  7646. 

SEC.  13.  Appellate  jurisdiction. — The  criminal  court 
in  Buchanan  county  has  exclusive  appellate  jurisdiction  in  all 
cases  instituted  for  the  violation  of  the  municipal  ordinances 
of  any  city  or  town  in  said  county.  [R.  S.  1889,  p.  2209,  Sec.  7. 

SEC.  14.  Coal  oil  inspector. — The  governor  must 
appoint  for  the  city  of  St.  Joseph  an  inspector  of  .petroleum 


REFERENCES  TO  GENERAL  LAWS.  219 

oils,  kerosene,  gasoline,  or  any  product  of  petroleum,  whose 
duty  it  is  to  inspect,  test,  gauge  and  brand  the  same  within  the 
city,  to  report  monthly  to  the  mayor  of  the  city  the  number 
of  packages  inspected,  etc.,  in  the  manner  required  by  the 
statute.  [7?.  S.  1889,  Chap.  87,  Art.  1. 

SEC.  15.  Statement  of  expenditures  by  candi- 
dates for  municipal  office  to  be  filed  when. — Every 
person  who  shall  be  a  candidate  before  any  caucus  or  conven- 
tion, or  at  any  primary  election,  or  at  any  election  for  state  or 
municipal  office,  shall,  within  thirty  days  after  such  election 
make  out  and  tile  with  the  officer  empowered  by  law  to  issue 
the  certificate  of  election  to  such  office,  and  a  duplicate  thereof 
with  the  recorder  of  deeds  for  the  county  in  which  such  candi- 
date resides,  sworn  statements  in  writing  setting  forth  all  sums 
of  money  expended  by  him  in  connection  with  the  said  elec- 
tion, etc.  No  officer  authorized  by  law  to  issue  commissions 
or  certificates  of  election  shall  issue  commissions  or  certificates 
of  election  to  any  such  person  until  such  statement  shall  have 
been  so  made,  verified  and  filed  with  said  officer,  etc.  Any 
person  failing  to  comply  with  the  provisions  of  the  foregoing 
law  is  liable  to  a  fine  not  exceeding  one  thousand  dollars,  etc. 
No  person  shall  enter  upon  the  duties  of  any  elective  office 
until  he  shall  have  filed  the  statement,  etc.,  required  by  the 
law.  [Laws  1893,  p.  160.  Amended  Laws  1895,  p.  173. 

SEC.  16.  Road  and  street  crossings  to  be  main- 
tained.— It  is  the  duty  of  every  railroad  company  to  con- 
struct and  maintain  good  and  sufficient  crossings  where  its 
railroad  crosses  public  roads  or  town  streets,  of  the  materials 
and  in  the  manner  particularly  described  by  the  statutes. 
And  also  place  and  constantly  maintain  at  all  crossings  of 
public  roads  or  streets,  a  sign  in  large  letters  painted  on 
boards,  "railroad  crossing."  If  the  railroad  company  fails  to 
maintain  said  crossing  or  to  put  up  said  sign  board,  the  city 
authorities  must  notify  the  company  in  writing  of  the  neces- 
sity of  such  construction  or  erection  by  delivering  a  copy  of 


220  ARTICLES  OF  INCORPORATION. 

such  notice  to  the  agent  of  the  company  most  convenient  to 
the  crossing,  and  if  the  company  fails  to  construct  said  cross- 
ing or  put  up  said  board  within  thirty  days  the  city  may  do  it 
at  the  cost  of  the  company.  The  company  would  be  liable  in 
damages  to  any  person  injured,  etc.  [R.  S.  1889,  Sec.  7925. 

SEC.   17.     Board  of  health — infectious  diseases.— 

A  state  board  of  health  is  created  which  has  general  super- 
vision over  the  health  and  sanitary  affairs  of  the  citizens  of  the 
state,  and  may  recommend  to  the  city  authorities  for  adoption 
such  rules  as  may  be  deemed  expedient,  and  it  may  establish 
quarantine  regulations  against  any  city  or  district  infected  with 
malignant  or  contagious  diseases,  etc.  [R.  S.  1889,  Chap. 
79.  Amended  Laws  1893,  p.  177. 

SEC.  18.  Dead  bodies. — City  undertakers  and  town 
and  city  officers  having  custody  of  any  dead  body  required  to 
be  buried  at  public  expense,  and  not  claimed  by  any  relative 
or  friend  for  burial,  may  dispose  of  same  for  the  advancement 
of  medical  science,  etc.  [R.  S.  1889,  Sec.  6884. 

SEC.  19.  Workhouse  instead  of  jail.— Any  person 
convicted  of  a  misdemeanor  or  felony  for  which  he  may  be 
committed  to  the  county  jail,  may,  at  the  discretion  of  the 
court,  be  confined  in  the  city  workhouse  ;  provided,  the  county 
court  has  agreed  with  the  city  for  the  custody,  etc.,  of  such 
convicts,  etc.  [R.  /S.  1889,  Sec.  4266. 

SEC.  20.  Reform  school. — In  all  counties  in  which  is 
located  a  city  of  over  fifty  thousand  inhabitants,  provision  is 
made  for  establishing  a  reform  school  for  the  punishment, 
reform  and  education  of  juvenile  offenders.  [JR.  S.  1889,  Sec. 
5772.]  A  reform  school  for  boys  is  also  provided  for,  to 
which  any  offender  under  eighteen  years  of  age  may  be  com- 
mitted upon  conviction  of  any  misdemeanor  or  felony.  [Laws 
of  1895,  p.  190.  Amended  Laws  1897,  p.  123. 

SEC.  21.  Industrial  school  for  girls. — Every  girl 
over  the  age  of  seven  years  and  under  the  age  of  seventeen 


REFERENCES  TO  GENERAL  LAWS.  221 

years,  who  shall  be  convicted  of  being  a  vagrant,  or  of  any 
offense  not  punishable  with  death  or  imprisonment  for  life, 
may,  except  in  cases  deemed  incorrigible,  be  sentenced  to  said 
industrial  home  until  she  shall  reach  the  age  of  twenty-one 
years,  if  the  court  or  magistrate  before  whom  such  conviction 
shall  be  had  shall  deem  the  girl  so  convicted  a  fit  subject  to  be 
committed  to  said  home — such  sentence  to  be  approved  by  the 
circuit  or  probate  judge  before  committal,  and  the  age  of  the 
girl  so  committed  to  be  indorsed  on  the  commitment.  Any 
female  child  may  be  bound  as  apprentice  to  said  industrial  home 
for  girls  as  to  any  other  master,  and  subject  to  the  same  pro- 
visions of  law  as  are  now  or  may  hereafter  be  in  force.  \_R.  S. 
1889,  Sec.  5760.  Amended  Laws  1891,  p.  164. 

SEC.  22.  Police  force  may  form  relief  associa- 
tions.— Any  police  force  organized  or  existing  by  authority 
of  the  laws  of  this  state  in  any  city  having  a  population  of  over 
one  hundred  thousand  inhabitants,  and  in  any  city  of  the 
second  class,  is  hereby  authorized  and  empowered  to  form  a 
relief  association  under  the  general  incorporation  laws  of  this 
state,  and  to  create  a  fund  for  the  purpose  of  affording  relief 
to  such  members  of  their  organization  as  may  become  sick  or 
disabled  while  in  the  discharge  of  their  duties,  or  who  may 
become  incapacitated  by  long  years  of  service,  and  for  aiding 
the  families  of  police  officers  who  may  die  while  in  the  service 
of  the  police  department,  and  for  such  other  similar  purposes 
as  may  be  set  forth  in  their  articles  of  incorporation.  The 
details  of  procedure  and  management  will  be  found  in  the  law. 
[E.  S.  1889,  Sec.  8885.  Amended  Laws,  1891,  p.  84. 

SEC.  23.  Fire  department  may  form  relief  asso- 
ciation.— Any  fire  department  existing  by  authority  of  the 
laws  of  this  state,  or  any  municipal  authority  thereof,  in  any 
city  or  county  in  this  state  having  a  population  of  fifty  thou. 
sand  inhabitants  or  over,  is  hereby  authorized  and  empowered 
to  form  a  pension  fund  and  relief  association  under  the  gen- 
eral incorporation  laws  of  this  state  in  relation  to  benevolent 
associations  and  to  create  a  fund  for  the  purpose  of  pensioning 


222  ARTICLES  OF  INCORPORATION. 

retired  firemen,  and  affording  relief  to  members  of  such  fire 
department  when  sick,  etc.  For  details  see  the  law.  \_R.  8. 
1889,  Sec.  2887. 

SEC.  24.  Inspection  of  factories,  etc. — It  is  made 
the  duty  of  the  public  authorities  of  each  city  in  this  state, 
with  a  population  of  five  thousand  inhabitants  or  more,  to 
appoint  an  inspector,  with  deputies,  where  the  same  are  neces- 
sary, to  be  paid  by  the  cities  such  reasonable  compensation  as 
may  be  prescribed  by  ordinance,  whose  duty  it  shall  be  to 
make  frequent  inspection  of  all  factories  employing  exceeding 
ten  persons,  and  eaid  inspectors  may  perform  such  duties  as 
may  be  prescribed  by  ordinance,  and  shall  make  semi-annual 
reports  to  the  state  labor  commissioner,  and  shall  also  cause 
any  violation  of  the  provisions  of  this  act  to  be  brought  to  the 
attention  of  the  grand  juries  of  their  respective  counties.  The 
duties  by  this  section  devolved  upon  an  inspector  may,  under 
such  regulations  as  may  be  prescribed  by  ordinance,  be  per- 
formed by  any  city  officer  designated  by  ordinance  of  such  city 
for  the  purpose.  Other  details  concerning  regulations,  etc., 
will  be  found  in  the  laws.  [Laws  1891,  p.  159. 

SEC.  25.     Foreign  insurance  tax— apportionment 

of,  etc. — Every  insurance  company  not  organized  under  the 
state  laws  shall,  as  provided  in  the  law,  annually  pay  a  tax  of 
two  per  cent  upon  the  premiums  received  in  this  state,  or  on 
account  of  business  done  in  this  state,  which  shall  be  in  lieu  of 
all  other  taxes,  etc.  The  state  treasurer  shall  place  one-half 
of  said  tax  to  the  credit  of  a  fund  to  be  known  as  the  county 
foreign  insurance  tax  fund,  etc.  On  or  before  the  first  day  of 
October  of  each  year,  the  state  auditor  shall  apportion  to  the 
counties,  on  the  basis  of  the  number  of  school  children  in  each, 
all  of  the  moneys  to  the  credit  of  such  tax  fund,  etc.  When 
the  money  has  been  received  by  the  treasurers  of  the  counties, 
it  shall  be  the  duty  of  the  county  court  of  each  county  to 
apportion  said  money  among  the  incorporated  cities  and  towns 
in  said  county  and  to  the  general  revenue  fund  of  the  county 
in  the  manner  prescribed  in  the  law.  [Laws  1895,  p.  198. 


GENERAL  ORDINANCES. 


GENERAL  ORDINANCES 


OF  THE 


CITY  OF  SAINT  JOSEPH. 


CHAPTER  I. 

ABSTRACTER— ABSTRACTER  OF  TITLES. 

SECTION  I.    Abstractor,  license  for. 

SECTION  1.  Abstracter. — No  person,  firm  or  corpora- 
tion shall  engage  in  or  carry  on  the  business  of  an  abstracter 
of  titles  without  a  license  therefor  from  said  city,  and  the 
charge  therefor  shall  be  twenty  dollars  per  year.  [General 
Ordinance  No.  441,  Sec.  11.  Amended  G.  O.  No.  496. 

[For  penalty  for  violating  this  Chapter  see  Sec.  20,  Chap, 
entitled  "licenses."] 

CHAPTER  II. 

ACCIDENTS— EVIDENCE  OF  TO  BE  PRESERVED. 

SECTION  SECTIOIC 

1.  Policeman  to  notify  chief  of  acci-  4.    Effort  to  obtain  settlement  for  in- 

dent, jury. 

2.  Duties  of  city  officers  on  receipt  of  5.    Blank  forms  to  be  prepared. 

notice.  6.    Counselor  may  require  services  of 

3.  Engineer  to  diagram  location,  etc.  detective. 

SECTION  1.     Policeman  to  notify  chief  of  accident. 

—It  shall  hereafter  be  the  duty  of  any  policeman  in  the  city 
of  St.  Joseph  to  notify  the  chief  of  police  of  any  accident  or 
injury  to  persons  or  property  occurring  at  any  time  within  the 

15 


226  GENERAL  ORDINANCES. 

bounds  of  the  beat  of  such  policeman,  and  the  notification  of 
such  policeman  shall  be  in  writing  stating  the  nature  of  the 
accident,  the  name  of  the  person  or  the  kind  of  property 
injured,  and  the  time  and  place  at  which  the  accident  occurred. 
[Revised  Ordinances  1888,  Chap.  1,  Sec.  1. 

SEC.  2.     Duties    of    city   officers   on  receipt   of 

notice. — Immediately  upon  receiving  the  information  men- 
tioned in  section  one,  the  chief  of  police  shall  transmit  a  copy 
thereof  to  the  city  detective,  and  in  case  of  personal  injuries  it 
shall  be  the  duty  of  such  detective  to  proceed  at  once  to  the 
place  of  such  accident,  and  ascertain  from  aJl  available  wit- 
nesses, the  manner  in  which  the  accident  occurred  and  the  cause 
thereof,  if  possible,  and  reduce  to  writing  the  names  and  places 
of  residence  of  such  witnesses  ;  and  it  shall  be  also  the  duty 
of  the  city  physician  and  detective  to  visit  the  person  injured, 
and  ascertain  the  nature  and  extent  of  the  injury  received,  and 
obtain  from  such  person  a  statement  of  the  manner  and  cause 
of  the  accident,  and  if  in  the  opinion  of  the  city  physician  or 
city  detective  it  be  deemed  proper,  he  or  they  shall  offer  to 
attend  to  the  injuries  of  such  person  free  of  charge.  All  infor- 
mation received  by  the  city  physician  or  city  detective  shall  be 
reduced  to  writing,  and  immediately  transmitted  to  the  city 
counselor,  who  shall  preserve  the  same  for  reference  in  case  of 
suit  being  brought  against  the  city  for  any  such  injury  or 
accident.  [E.  O.  1888,  Chap.  1,  Sec.  2. 

SEC.  3.     Engineer  to  diagram  location,  etc. — It 

shall  be  the  duty  of  the  chief  of  police  to  notify  the  city 
engineer  in  writing  of  the  time  and  location  of  such  accident, 
and  immediately  thereupon  the  city  engineer  shall  cause  the 
the  spot  or  location  of  said  accident  to  be  diagramed  or  photo- 
graphed, and  obtain  the  names  and  statements  of  witnesses  as 
tp  the  nature  and  condition  of  the  street,  alley  or  sidewalk 
where  such  accident  occurred,  and  upon  reducing  the  same  to 
writing,  shall  transmit  the  same  to  the  city  counselor,  who 
shall  preserve  such  information  in  such  manner  and  for  the 


ACCIDENTS.  227 

same  purpose  as  required  in  section  two.  [R.  O.  1888,  Chap. 
1,  Sec.  3. 

SEC.  4.     Effort  to  obtain  settlement  for  injury.— 

In  case  of  injuries  arising  from  defects  or  obstructions  in 
streets,  alleys  or  sidewalks,  it  shall  be  the  duty  of  the  city 
physician  and  city  detective,  upon  visiting  the  person  injured 
and  ascertaining  the  nature  and  extent  of  such  injuries,  to 
recommend,  by  and  with  the  approval  of  the  city  counselor,  to 
the  claims  committee  of  the  common  council,  a  basis  of  settle- 
ment for  such  injuries,  stating  therein  the  nature  and  extent  of 
the  injuries  received  by  such  person,  an  amount  which  in  the 
opinion  of  the  city  physician  and  city  detective  would  be  a 
proper  and  just  allowance  for  such  injuries,  and  upon  such 
recommendation,  if  the  claims  committee  or  a  majority  thereof 
shall  approve  the  same,  then  the  city  counselor  shall  have  the 
authority  to  settle  with  such  person  for  such  sum,  provided 
that  such  person  so  injured  shall  sign  an  agreement  to  the 
effect  that  upon  payment  of  said  amount  the  city  of  St.  Joseph 
shall  be  released  from  all  further  liability  on  account  of  such 
injury,  but  no  such  settlement  or  agreement  shall  be  binding 
upon  the  city  until  an  ordinance  appropriating  the  money  to 
pay  the  same  shall  have  been  passed  by  the  common  council 
and  approved  by  the  mayor.  [R.  0.  1888,  Chap.  1,  Sec.  4- 

SEC.  5.  Blank  forms  to  be  prepared. — The  city 
clerk  and  city  counselor  are  hereby  instructed  to  prepare 
blank  forms  for  the  reports  of  the  different  officers  mentioned 
herein,  and  to  so  prepare  them  as  to  carry  into  effect  all  the 
terms  of  this  ordinance.  [R.  0.  1888,  Chap.  1,  Sec.  5. 

SEC.  6.  Counselor  may  require  services  of  de- 
tective.— The  city  counselor  shall  have  the  right  to  call  upon 
the  city  detective  at  any  time  he  may  deem  proper,  to  assist 
in  investigating  any  case  or  suit  against  the  city,  or  in  any  case 
where  suit  may,  in  his  opinion,  be  brought  ;  and  it  shall  be 
the  duty  of  such  city  detective  to  at  once  investigate  such 


228 


GENERAL  ORDINANCES. 


case,  in  such  manner  as  he  shall,  by  the  city  counselor,  be 
directed  to,  and  make  report  from  time  to  time  to  the  city 
counselor.  [E.  0.  1888,  Chap.  1,  Sec.  6. 


CHAPTER  III. 


AMUSEMENTS-SHOWS. 


SECTION.  SECTION. 

1.  Public    entertainments,     amuse-  7. 

ments,  etc.,  license  therefor. 

2.  Ten  pin  alley,  license  therefor.  8. 

3.  Pistol   or   shooting   gallery,    baby  9. 

rack,     cane    rack,    knife    board, 

license  for.  10. 

4.  Horoscopic  or  stereoscopic   views,  11. 

license  for. 

5.  Magnifying  glass,  telescope,  lung  12. 

tester,  muscle  developer,  weigh-  13. 

ing  machine,  license  for. 

6.  Merry-go-round,  riding  gallery,  re- 

volving swing,  license  for. 


Selling  or  renting  automatic  phon- 
ographs, license  for. 

Fairs,  license  for. 

License  for  theaters  and  opera 
houses,  how  paid. 

Same,  license  forfeited  when. 

Place  of  public  amusement,  regu- 
lating doors  thereof. 

Same,  penalty. 

Places  of  amusement,  chairs  not  to 
be  kept  in  passage  way. 


SECTION  1.     Public  entertainments— amusements, 

etc.,  license  for. — No  person  shall  give  a  public  entertain- 
ment for  gain  or  profit  without  a  license  therefor  from  said 
city,  and  the  charge  for  such  license  shall  be  as  follows: 

First.  Menagerie  and  circus  combined  three  hundred 
dollars  per  day  ;  which  license  shall  include  the  privilege  of  a 
street  parade,  and  no  street  parade  shall  be  permitted  unless  a 
license  as  aforesaid  has  been  obtained,  unless  a  license  for  such 
street  parade  shall  first  be  obtained,  and  the  charge  for  such 
license,  for  such  street  parade  shall  be  three  hundred  dollars 
for  each  parade. 

Second.  Menagerie  fifty  dollars  per  day  ;  circus  or 
equestrian  exhibition  two  hundred  and  fifty  dollars  per  day, 
which  license  shall  include  the  privilege  of  a  street  parade  ; 
and  no  street  parade  shall  be  permitted  unless  a  license  as 
aforesaid  has  been  obtained,  unless  a  license  therefor  shall 
first  be  obtained,  and  the  charge  for  such  license  for  such 
street  parade  shall  be  fifty  dollars  for  a  menagerie,  and  two 


AMUSEMENTS— SHOWS.  229 

hundred  and  fifty  dollars  for  a  circus  or  equestrian  exhibition 
for  each  parade. 

Third.  Any  show,  side  show,  street  exhibition  or  amuse- 
ment, ten  dollars  per  day  or  thirty  dollars  per  week. 

Fourth.  For  museum  and  theatrical  entertainment  com- 
bined, five  dollars  per  day  or  fifty  dollars  per  year,  but  no 
license  shall  be  issued  for  less  than  one  year  except  at  daily 
rates. 

Fifth.  For  theater,  opera,  lecture,  concert,  minstrel  per- 
formance, public  ball,  public  masquerade,  public  pedestrian  or 
wrestling  exhibition,  five  dollars  per  day. 

Sixth.  For  each  opera  house  or  theater,  one  hundred  and 
fifty  dollars  per  year ;  the  license  shall  be  issued  for  one  year, 
and  shall  permit  the  giving  of  all  the  above  enumerated  enter- 
tainments (excepting  circuses,  menageries  and  equestrian 
exhibitions)  in  the  places  licensed  without  additional  license. 

Seventh.  Any  public  entertainment  not  previously  men- 
tioned, five  dollars  per  day  or  twenty-five  dollars  per  month. 

Eighth.  No  license  shall  be  required  for  any  entertain- 
ment given  by  the  citizens  of  this  city  when  the  same  shall  be 
for  charitable,  benevolent  or  religious  purposes  only. 

Ninth.  Open  air  concert  or  theatrical  entertainment,  five 
dollars  per  day  or  twenty-five  dollars  per  month.  Any  concert 
or  theatrical  entertainment  given  from  a  stage  before  an 
audience  in  the  open  air,  shall  be  deemed  an  open  air  concert 
or  theatrical  entertainment.  [G.  0.  No.  441>  &ec.  2. 

SEC.  2.  Ten  pin  alley. — No  person  shall  keep  or  take 
part  in  keeping  any  ten  pin  alley,  for  gain  or  profit,  without  a 
license  therefor  from  said  city,  and  the  charge  therefor  shall 
be  fifteen  dollars  per  annum.  [G.  O.  No.  441,  Sec.  3. 

SEC.  3.  Pistol  or  shooting  gallery,  baby  rack, 
cane  rack,  knife  board. — No  person  shall  carry  on,  or 
take  part  in  carrying  on,  for  gain  or  profit,  any  pistol  gallery 


230  GENERAL  ORDINANCES. 

or  shooting  gallery,  knife  board,  baby  rack  or  cane  rack,  without 
a  license  therefor  from  said  city,  and  the  charge  for  such  license 
shall  be  as  follows :  Shooting  gallery  or  pistol  gallery,  five 
dollars  per  month  or  fifteen  dollars  per  year  ;  baby  rack,  cane 
rack  or  knife  board,  ten  dollars  per  mouth  or  twenty-five 
dollars  per  year.  [  G.  O.  No.  441?  Sec.  4- 

SEC.  4.     Horoscopic  or  stereoscopic  views. — No 

person  shall  keep  horoscopic  or  stereoscopic  views  for  gain  or 
profit  without  a  license  therefor  from  said  city,  and  the  charge 
for  such  license  shall  be  ten  dollars  per  annum.  [G.  O.  No. 
441,  Sec.  5. 

SEC.  5.  Magnifying  glass,  telescope,  lung  tester, 
muscle  developer,  weighing  machine.  —  No  person 
shall,  for  gain  or  profit,  keep  for  use  by  others,  any  magnifying 
glass  or  glasses,  telescope,  lung  tester,  muscle  developer  or 
weighing  machine,  without  a  license  therefor  from  said  city, 
and  the  charge  for  such  license  shall  be  ten  dollars  per  month. 
[#.  0.  No.  441,  Sec.  6. 

SEC.  6.  Merry-go-round,  riding  gallery,  revolv- 
ing swing. — No  person  shall  keep,  for  gain  or  profit,  for  use 
by  others,  any  merry-go-round,  riding  gallery,  or  revolving 
swing,  without  a  license  therefor  from  said  city,  and  the 
charge  for  such  license  shall  be  twenty-five  dollars  per  month. 
[G.  0.  No.  441,  Sec.  7. 

SEC.  7.  Selling  or  renting  automatic  phono- 
graphs.— No  person  shall  engage  in  selling  or  renting  auto- 
matic phonographs  for  business  purposes  or  amusement  with- 
out first  having  obtained  a  license  from  said  city,  and  the 
charge  for  such  license  shall  be  five  dollars  per  year  for  each 
instrument.  [G.  O.  No.  441,  Sec.  8. 

SEC.  8.  Fairs — license  for. — It  is  hereby  declared 
to  be  illegal  for  any  person,  company,  or  corporation  to  give 
a  fair  within  this  city  without  a  license  therefor,  and  the 
charge  for  such  license  shall  be  five  dollars  per  week,  which 


AMUSEMENTS — SHOWS.  231 

license  shall  include  privileges  of  all  kinds  within  the  grounds. 
Any  person,  company  or  corporation  failing  or  refusing  to 
comply  with  the  provisions  herein  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in  a 
sum  not  exceeding  five  dollars  for  each  offense,  and  each  day 
shall  constitute  a  separate  offense.  [G.  O.  No.  ^95,  Sec.  1. 

SEC.  9.  License  for  theaters  and  opera  houses — 
how  paid. — The  license  fees  required  of  theaters  and  opera 
houses  in  the  city  of  St.  Joseph  for  each  year,  may  be  paid  as 
follows:  On  taking  out  the  license  for  one  year,  the  applicant 
shall  pay  one-third  of  the  yearly  license  fee  in  advance,  and  he 
shall,  at  the  expiration  of  four  months  from  the  date  of  said 
license,  pay  another  one-third  thereof,  and  at  the  expiration  of 
four  months  from  the  latter  date,  he  shall  pay  the  remaining 
one-third  of  such  license,  and  the  applicant  shall,  upon  procur- 
ing his  yearly  license,  and  at  the  time  it  is  issued,  execute  and 
file  a  bond  with  the  city  auditor,  in  the  sum  of  at  least  three 
hundred  dollars,  with  two  or  more  good  securities,  residents  of 
the  city  of  St.  Joseph,  conditioned  that  he  will  pay  the 
deferred  installments  of  such  license  fee  as  they  respectively 
become  due.  In  case  of  a  failure  to  pay  any  such  installment 
when  it  becomes  due,  then  the  whole  of  such  installments  shall 
become  due  and  said  bond  may  be  sued  upon  and  the  amount 
of  such  installment  or  installments  recovered  with  all  costs  and 
expenses  incident  to  such  suit,  whether  all  such  installments 
are  then  due  or  not.  The  security  in  said  bond  shall  be 
approved  by  the  comptroller.  \_G.  0.  No.  483,  Sec.  1. 

SEC.  10.  Same — license  forfeited,  when. — Incase 
the  person  taking  out  such  license  shall  fail  to  pay  any  install- 
ment when  due,  then  his  license  shall  at  once  become  forfeited, 
and  shall  be  no  protection  to  him  whatever,  but  this  shall  in  no 
way  prevent  a  recovery  by  the  city  upon  the  bond  aforesaid  as 
hereinbefore  provided,  and  upon  a  recovery  upon  such  bond, 
and  payment  of  the  amount  thereby  recovered,  the  license  shall 
again  become  operative.  [G.  O.  No.  483,  Sec.  ®. 


232  GENERAL  ORDINANCES. 

SEC.  11.  Places  of  public  amusement,  regulat- 
ing doors  thereof. — In  every  place  of  public  amusement 
within  the  city  of  St.  Joseph,  all  outside  doors  or  doors  leading 
into  any  auditorium  shall  open  outwardly,  and  over  each  egress 
opening  shall  be  placed  the  word,  "exit,"  in  letters  at  least 
eight  inches  high,  and  all  of  said  doors  shall  be  kept  unlocked 
for  and  during  any  performance  or  entertainment,  and  remain 
unlocked  until  the  entire  audience  shall  have  left  the  building. 
[G.  O.No.  291,  Sec.  1. 

SEC.  12.  Same  —  penalty. — Any  person  who  shall 
violate  or  permit  the  violation  of  any  provision  of  this  ordinance, 
shall,  upon  conviction  thereof  before  the  judge  of  the  police 
court,  be  fined  in  a  sum  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars  for  each  offense,  one-half  of 
the  recovery  in  each  case  to  be  paid  to  the  party  making  the 
complaint.  [#.  0.  No.  291,  Sec.  2. 

SEC.  13.  Places  of  amusement — chairs  not  to  be 
kept  in  passage  way. — It  shall  be  unlawful  to  place  or 
keep  any  chairs  or  movable  seats  of  any  kind  in  the  aisles  or 
passage  ways  of  any  place  of  public  amusement,  in  this  city, 
during  a  performance  or  exhibition  therein,  and  any  person 
having  the  management,  charge  or  control  of  such  place,  or 
any  one  in  the  employ  of  such  person,  who  shall  be  convicted 
of  so  doing  in  the  police  court  of  this  city  shall  be  fined  in  a 
sum  of  not  less  than  one  hundred  dollars  for  each  and  every 
offense  ;  one  half  of  any  such  fine  so  collected  to  be  paid  to 
the  person  giving  information  of  the  offense  and  so  causing 
the  conviction  of  the  person  so  offending.  [G.  0.  No.  368, 
Sec.  1. 

[Penalty  for  violating  sections  one  to  seven  inclusive  of 
this  Chap,  prescribed  in  Sec.  20,  Chap,  entitled  "  licenses."] 


ASSESSOR.  233 


CHAPTER  IV. 

ASSESSOR, 

SECTION.  SECTION. 

1.  May  appoint  deputies.  4.    Personal   property,  how    assessed. 

2.  All  property  to  be  assessed  at  cash  5.    Bank  stock,  etc.,  how  assessed. 

value.  6.    Full  names  to  be  signed ;  penalty. 

3.  Real  property,  how  assessed. 

SECTION  1.  May  appoint  deputies. — The  city  asses- 
sor shall  have  the  power  to  appoint  one  or  more  deputies  for 
each  ward  of  the  city,  as  provided  by,  and  who  shall  be  sub- 
ject to  all  the  conditions  and  provisions  of,  section  one  thous- 
and three  hundred  and  nineteen,  of  chapter  thirty,  article 
three,  Revised  Statutes  of  Missouri.  [R.  0.  1888,  Chap.  3, 
Sec.  1. 

SEC.  2.  To  be  assessed  at  its  cash  value. — All 
property  whatsoever,  shall  be  assessed  at  its  cash  value. 
[R.  O.  1888,  Chap.  3,  Sec.  2. 

SEC.  3.  Real  property,  how  assessed. — In  assess- 
ing real  property,  no  lot,  tract  or  parcel  of  land  shall  have  a 
higher  valuation  placed  on  it  than  the  valuation  placed  thereon 
at  the  last  assessment  made  for  county  and  state  purposes  ;  but 
to  such  valuation  there  shall  be  added  by  the  assessor,  the 
value  of  all  improvements  made  on  each  lot,  tract  or  parcel  of 
ground  since  the  date  of  last  assessment  made  for  state  and 
county  purposes  ;  which  added  valuation  shall  be  by  the  asses- 
sor placed  in  a  separate  column  on  the  city  land  tax  book. 
And  to  determine  the  value  of  such  improvement,  the  assessor 
may  examine,  under  oath,  the  owner  thereof,  and  such  other 
competent  persons  as  he  may  deem  proper.  [R.  0.  1888, 
Chap.  3,  Sec.  3. 

SEC.  4.     Personal    property,   how   assessed. — In 

assessing  personal  property,  the  assessor  or  a  deputy  shall,  as 
far  as  possible,  visit  the  residence  or  place  of  business  of  each 


234  GENERAL  ORDINANCES. 

person  owning  personal  property,  and  require  such  person  to 
list  all  personal  property  owned  by,  or  in  possession  of,  or 
under  the  control  of  such  person,  separating  and  placing  each 
kind  of  property  in  the  space  designated  on  such  list,  first 
administering  an  oath  to  answer  all  questions  touching  the 
personal  property  or  its  value.  When  the  list  is  complete,  he 
shall  require  such  person  to  sign  and  verify  the  affidavit 
thereto.  If  any  person  refuse  to  take  said  oath,  or  shall  refuse 
to  sign  and  verify  such  affidavit,  he  shall  note  such  refusal  on 
said  list,  and  report  in  writing,  at  once,  such  person  to  the 
city  comptroller  for  prosecution,  as  the  law  directs ;  and  he 
shall  assess  such  person  according  to  the  best  information  he 
can  get,  as  provided  by  law  ;  and  to  do  so  he  may  enter  upon 
the  premises  of  such  person  and  value  such  property  according 
to  his  judgment,  noting  these  facts,  in  writing,  on  such  lists. 
[R.  O.  1888,  Chap.  3,  Sec.  4- 

SEC.   5.     Bank    stock,    etc.,   how    assessed. — The 

assessor  shall,  before  the  fifth  day  of  January  of  each  year,  in 
person,  deliver  a  written  or  printed  notice,  with  list  attached 
thereto,  to  each  bank  in  the  city  of  St.  Joseph,  notifying  the 
president  or  other  chief  officer  of  such  bank,  to,  under  oath, 
deliver,  duly  signed,  at  his  office,  a  list  of  all  shares  of  stock 
held  in  such  bank,  and  names  of  the  persons  holding  the  same, 
on  the  first  day  of  January,  together  with  a  list  of  all  real 
estate  belonging  to  such  bank,  lying  within  said  city,  and  also 
the  cash  value  of  such  stock,  within  five  days  after  service  of 
such  notice  ;  and  he  shall  preserve  in  his  office,  in  writing, 
date  of  service  and  upon  whom.  If  any  bank  president  or 
other  officer  thereof,  fail,  refuse  or  neglect  to  deliver  such  list 
signed  and  sworn  to,  within  the  time  and  in  the  manner  pro- 
vided by  law,  then  he  shall,  in  writing,  report  such  president 
or  other  chief  officer  of  such  bank  to  the  city  comptroller  for 
prosecution,  and  then  assess  the  stock  of  such  bank  as  pro- 
vided by  law.  [J?.  O.  1888,  Chap.  3,  Sec.  5. 

SEC.  6.     Full  name  to  be  signed  ;  penalty. — In  all 

cases  the  assessor  shall   sign   his   full  name  to  each   list,  the 


CITY  ATTORNEY.  235 

writing  and  signatures,  to  be  written  with  ink,  and  the  first 
Christian  name  of  each  person  written  in  full  ;  and  the  asses- 
sor shall,  in  copying  the  lists  into  the  city  tax  books,  make  a 
full  and  correct  copy  thereof  ;  and  any  assessor  who  shall  fail 
or  neglect  to  comply  with  any  of  the  requirements  or  provi- 
sions of  this  ordinance,  or  of  the  laws  of  this  state  pertaining 
to  or  relating  to  his  duties  as  assessor,  shall  forfeit  to  the  city 
the  sum  of  one  hundred  dollars,  to  be  recovered  by  suit  in  the 
name  of  the  city,  in  any  court  of  competent  jurisdiction. 
[E.  0.  1888,  Chap.  3,  Sec.  6. 

CHAPTER  Y. 

ATTORNEY— CITY  ATTORNEY. 
SECTION  1.    Duties  of  city  attorney. 

SECTION  1 .  Duties  of  city  attorney. —  It  shall  be 
the  duty  of  the  city  attorney,  in  addition  to  the  duties  imposed 
upon  him  by  the  general  laws  of  the  state  of  Missouri : 

First.  To  prepare  all  charges  and  complaints  against 
parties  for  violations  of  city  ordinances,  and  appear  daily  before 
the  judge  of  the  police  court  to  prosecute  all  offenders,  against 
the  laws  and  ordinances  of  the  city. 

Second.  To  defend  all  actions  before  the  judge  of  the 
police  court,  brought  against  any  officer,  servant  or  agent  of 
the  city,  on  account  of  his  official  acts. 

Third.  To  appear  and  prosecute  in  the  criminal  court  of 
Buchanan  county,  in  all  cases  by  appeal  from  the  judge  of  the 
police  court. 

Fourth.  To  give  personal  attention  to  all  such  matters, 
affecting  the  interests  of  the  city,  or  any  of  its  officers,  as  may 
be  referred  to  him  by  the  common  council,  and  such  as  may  be 
required  of  him  by  the  city  counselor,  whose  assistant  he  shall 
be.  [JR.  0.  1888,  Chap.  4,  Sec.  1. 


236  GENERAL  ORDINANCES. 


CHAPTER  VI. 

AUCTIONEERS. 

SECTION  SECTION 

1.    Auction  sales  to  be  by  auctioneer ;  2.    License  to  be  granted ;  bond  re- 

license  for.  quired. 

3.    May  ring  bell. 

SECTION  1.     Auction  sales  to  be  by  auctioneer— 

license. — All  sales  of  goods,  chattels  or  personal  property  at 
public  auction,  within  the  city  of  St.  Joseph,  except  such  as 
are  exempt  from  auction  duty  under  the  laws  of  this  state,  shall 
be  made  by  an  auctioneer,  who  shall  have  first  obtained  a 
license  from  this  city,  the  charge  for  which  shall  be  twenty-five 
dollars  per  annum  for  each  person  acting  as  an  auctioneer  : 
Provided,  that  a  licensed  auction  house  shall  pay  but  one 
license.  [G.  0.  No.  441,  Sec.  12. 

SEC.  2.     License,  how  granted — bond  required. 

— The  city  auditor  is  hereby  authorized  to  grant  a  license  as  an 
auctioneer  to  a'ny  person  who  shall  apply  therefor,  upon  the 
applicant  executing  to  the  city  of  St.  Joseph  a  bond,  with  at 
least  two  sureties,  to  be  approved  by  the  comptroller,  in  the 
penal  sum  of  one  thousand  dollars,  conditioned  that  the  person 
so  licensed,  will,  during  his  continuance  in  the  business  as  an 
auctioneer,  faithfully  discharge  his  duties  as  such  ;  that  he  will 
pay  over  the  proceeds  of  all  property  sold  by  him  to  the  person 
entitled  to  receive  the  same;  and  that  he  will  not  make  any 
misrepresentations,  false  or  fraudulent  statements,  or  fraud- 
ulently conceal  any  fact  in  relation  to  the  quantity,  title  to,  or 
ownership  of  any  property  offered  by  him  or  any  of  his 
employes  for  sale  ;  and  shall  also  produce  to  the  auditor  the 
receipt  of  the  treasurer  for  the  amount  of  such  license.  [G.  O. 
No.  441,  Sec.  13. 

SEC.   3.     May   ring   bell.  —  Licensed    auctioneers    are 
hereby  authorized  to  ring  or  cause  to  have  rung  a  bell  at  each 


AUDITOR  OF  CITY.  237 

sale  for  a  period  not  to  exceed  fifteen  minutes.      [<•?.   O.  No. 
441,  Sec.  U. 

[For  penalty  for  violating  this  Chap,  see  Sec.  20,  Chap, 
entitled  " licenses."] 

CHAPTER  VII. 
AUDITOR  OF  CITY. 

SECTION  SECTION 

1.  General  duties  of  city  auditor.  5.    To  settle  with  finance  committee. 

2.  Warrants  to  be  countersigned.  6.    Report  to  comptroller. 

3.  Indebtedness  to  city  to  be  deducted.  7.    Must  deliver  canceled  indebtedness. 

4.  To  strike  monthly  balance.  8.    May  appoint  deputy. 

SECTION  1.     General   duties   of    city   auditor. — It 

shall  be  the  duty  of  the  city  auditor,  in  addition  to  the  duties 
imposed  upon  him  by  the  general  laws  of  the  state  of  Missouri: 

First.  To  be  general  accountant  of  the  city,  and  as  such, 
to  receive  and  preserve  in  his  office  all  city  account  books, 
vouchers,  documents  and  papers  relating  to  the  accounts  and 
contracts  of  the  city,  its  revenue,  debt  and  fiscal  affairs, 
whether  said  accounts  are  between  the  city  and  any  officer 
thereof,  or  said  accounts  and  contracts  are  between  the  city 
and  any  person  or  body  corporate,  except  where  said  books, 
vouchers  or  documents  are,  by  the  general  laws  of  the  state 
of  Missouri  or  ordinances,  placed  in  the  custody  of  some  other 
officer. 

Second.  To  keep  a  day  book,  journal  and  ledger,  in 
which  the  accounts  of  the  city  shall  be  kept  by  double  entry. 
The  city  shall  be  represented  in  said  books  by  the  term  "City 
Revenue,"  and  all  moneys  coming  into  the  city  treasury,  shall 
be  entered  upon  the  debit  side  of  city  revenue  account,  with 
the  sources  specified  from  which  said  revenue  is  derived  ;  and 
all  appropriations  shall  be  entered  upon  the  credit  side  of  said 
accounts,  with  the  objects  stated  for  which  each  appropriation 
is  made. 

Third.  To  keep,  in  proper  books,  the  accounts  between 
the  city  and  all  officers  charged  with  the  collection  or  custody 


238  GENERAL  ORDINANCES. 

of  public  moneys  ;    entering  all  receipts  and  payments,  from 
what  source  derived,  and  on  what  account  paid. 

Fourth.  To  keep  a  complete  record  of  all  branches  of  the 
city  revenue,  opening  an  account  with  every  fund,  which,  by 
law  or  ordinance,  is  made  a  separate  fund,  crediting  the  same 
with  all  moneys  paid  into  the  city  treasury  on  account  thereof, 
and  charging  said  fund  with  all  appropriations  made  therefrom, 
and  all  warrants  drawn  th,ereon. 

Fifth.  To  keep  a  record  of  all  warrants  drawn  upon  the 
city  treasurer,  specifying  the  number,  date,  amount,  and  to 
whom  payable. 

Sixth.  To  keep  an  account  of  all  bonds  and  obligations 
of  the  city,  date  of  issue,  time  when  principal  and  interest 
become  due,  rate  of  interest,  and  to  whom  payable,  giving  a 
registered  number  for  each  bond  and  coupon. 

Seventh.  To  examine,  audit  and  adjust  all  accounts,  claims 
and  demands  for  or  against  the  city,  first  submitting  such  as 
amount  to  one  hundred  dollars  or  over  to  the  auditing  com- 
mittee to  be  passed  upon,  and,  after  the  same  has  been  duly 
examined  and  passed  upon  with  all  accompanying  vouchers 
and  documents,  to  certify  the  balance  or  true  state  of  such 
claim  or  document. 

Eighth.  To  keep  a  true  and  just  account  with  the  several 
different  revenue  districts,  the  city  treasurer  and  the  different 
funds  and  officers  of  the  city,  debiting  the  same  with  all  moneys 
paid  into  the  treasury  on  account  of  such  f unds,  respectively, 
and  with  all  taxes  and  other  accounts  in  favor  of  such  funds, 
placed  in  the  hands  of  any  city  officer,  for  collection,  and 
crediting  the  same  with  all  appropriations  made  therefrom  by 
ordinance,  and  with  all  taxes  and  other  accounts  declared  by 
the  common  council  to  be  uncollectible. 

Ninth.  To  keep  separate  accounts  with  all  contractors 
for  public  works,  crediting  them  with  the  amount  of  their 


AUDITOR  OF  CITY.  239 

respective  contracts,  certified  by  the  city  engineer,  and  charging 
them  with  all  sums  paid  them  by  the  city  on  account  thereof. 

[G.  0.  No.  16,  Sec.  1. 

SEC.  2.  Warrants  to  be  countersigned.  —  Every 
warrant  drawn  by  the  city  auditor  upon  the  city  treasurer, 
shall,  before  becoming  valid,  be  presented  to  the  city  comp- 
troller to  be  countersigned  as  required  by  the  general  laws  of 
the  state  of  Missouri.  [G.  0.  No.  16,  Sec.  2.  . 

SEC.  3.     Indebtedness  to  city  to  be  deducted. — 

The  city  auditor  shall  not  draw  a  warrant  upon  the  city  treas- 
urer in  favor  of  any  person  indebted  to  the  city,  except  for  the 
amount  due  such  persons  in  excess  of  any  such  indebtedness, 
nor  in  favor  of  any  officer  who  is  in  arrears  to  the  city. 

[G.  0.  No.  16,  Sec.  3. 

SEC.  4.  To  strike  monthly  balance. — At  the  close 
of  the  last  day  of  each  month,  the  city  auditor  shall  strike  a 
balance  upon  each  account  between  the  city  and  all  persons  or 
bodies  corporate  with  which  it  has  accounts,  preparatory  to 
making  his  monthly  report  to  the  city  comptroller,  as  required 
by  ordinance.  [#.  0.  No.  16,  Sec.  4- 

SEC.  5.     To  settle  with  finance  committee. — The 

city  auditor  shall  make  monthly  settlements  with  the  finance 
committee  of  the  common  council,  and  shall,  at  such  settle- 
ment, surrender  to  said  committee  all  bonds,  coupons,  war- 
rants and  other  evidences  of  debt  against  the  city  that  have 
been  canceled  and  returned  to  him  by  the  city  comptroller 
or  other  officer,  taking  from  said  committee  duplicate  receipts 
therefor,  one  to  be  delivered  to  the  city  comptroller  and  the 
other  retained.  [  G.  O.  No.  16,  Sec.  5.  Amended  G.  0.  No.  521. 

SEC.  6.  Shall  report  to  comptroller. — The  city 
auditor  shall,  on  the  first  Monday  of  each  month,  make  a 
detailed  report  to  the  city  comptroller  of  the  business  of  his 
office  during  the  month  preceding,  showing  the  amount  and 


240  GENERAL  ORDINANCES. 

different  kinds  of  canceled  indebtedness,  and  the  vouchers 
received  by  him  during  the  month,  together  with  such  other 
matters  and  facts  as  the  comptroller  may  require.  \_G.  0.  No. 
16,  Sec.  6.  Amended  G.  O.  No. 


SEC.  7.     Must  deliver  canceled  indebtedness.— 

The  city  auditor  shall,  before  making  his  report  to  the  comp- 
troller, deliver  all  canceled  indebtedness  and  vouchers  received 
by  him,  during  the  preceding  month,  to  the  finance  committee 
of  the  common  council,  taking  duplicate  receipts  therefor,  one 
to  be  filed  with  the  city  comptroller  and  the  other  retained. 
[G.  0.  No.  16,  Sec.  7.  Amended  G.  O.  No.  621. 

SEC.   8.     Auditor  may  appoint  deputy.  —  The  city 

auditor  may,  by  an  instrument  in  writing,  under  his  hand, 
appoint  a  deputy,  who  shall  have  and  exercise,  under  the 
supervision  of  the  city  auditor,  all  the  powers  and  perform 
any  of  the  duties  of  the  city  auditor,  and  may  remove  said 
deputy  at  his  pleasure.  The  city  auditor  and  his  securities 
shall  »be  responsible  on  his  official  bond  for  all  acts  done  or 
omitted  by  such  deputy,  in  the  same  manner  as  for  his  own 
acts  or  omissions.  [S.  O.  No.  H60,  Sec.  1. 

CHAPTEK  VIII. 

BAKERIES. 
SECTION  1.    Bakery,  license  for. 

SECTION  1.  Bakery  —  license.  —  No  person  shall  carry 
on  any  bakery  in  this  city  without  a  license  therefor,  and  the 
charge  for  such  license  shall  be  ten  dollars  per  year.  [G.  0. 
No.  Ul,  Sec-  !6- 

[For  penalty  for  violating  this  Chap,  see  Sec.  20,  Chap. 
entitled  "licenses."] 


BANKS — BILLIARD  AND  OTHER  TABLES.  241 

CHAPTER  IX. 
BANKS. 

SECTION  1.    Bankers,  license  required  of. 

SECTION  1.  Bank — license. — No  person  shall  carry  onr 
or  take  part  in  carrying  on,  the  business  of  a  banking  corpora- 
tion, association  or  institution,  without  a  license  therefor  from 
said  city,  and  the  charge  for  such  license  shall  be  as  follows  : 
For  all  such  banking  corporations,  associations  or  institutions, 
and  for  the  privilege  of  carrying  on  the  business  of  the  samey 
there  shall  be  paid  to  said  city  an  annual  license  the  sum  of 
seventy -five  dollars.  [  G.  O.  No.  441 '>  Sec.  It- 

[For  penalty  for  violating  this  Chap,  see  Sec.  20.  Chap« 
entitled  "  licenses."] 

CHAPTER  X. 
BILLIARD  AND  OTHER  TABLES. 

SECTION  SECTION 

1.  Billiard- tables,  etc.,  license  for.  3.    License  to  be  exposed. 

2.  Permitting  minor  to  play,  penalty. 

SECTION  1.     Billiard  and  other  tables — license.— 

No  person  shall  keep,  for  gain  or  profit,  any  billiard  table, 
pool  table,  bagatelle  table,  pigeon  hole  table  or  shovel  board, 
for  use  by  others,  without  a  license  therefor  from  said  city, 
and  the  charge  for  such  license  shall  be  as  follows  :  For  each 
billiard  table,  ten  dollars  per  year  ;  for  each  and  every  other 
table  or  board,  ten  dollars  per  year.  [  G.  0.  No.  441?  Sec.  18. 

SEC.  2.     Penalty  for  permitting  minor  to  play.— 

No  licensee  or  his  employe,  or  other  person  in  charge  of  any 
billiard  table,  pool  table,  bagatelle  table,  pigeon  hole  table  or 
shovel  board,  shall  at  any  time,  with  or  without  gain  or  profit, 
permit  or  allow  any  such  table  or  board  to  be  used  by  any 
minor  for  any' purpose  whatever.  Any  person  violating,  failing, 
neglecting  or  refusing  to  comply  with  any  provision,  regulation 

16 


242  GENERAL  ORDINANCES. 

or  requirement  of  this  section,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not 
less  than  ten  nor  more  than  fifty  dollars  ;  and,  in  addition 
thereto,  the  court  in  which  such  conviction  is  had,  shall  adjudge 
and  declare  such  license  forfeited  to  the  city  of  St.  Joseph,  and 
thereafter  it  shall  be  unlawful  for  said  licensee,  or  any  other 
person,  to  do  business  under  such  forfeited  license.  \_G.  O. 
No.  441,  Sec.  19. 

SEC.  3,  License  plate  to  be  exposed.  —  The  city 
auditor  shall  keep  a  book  wherein  he  shall  register  the  number 
of  all  such  tables  and  boards  that  are  licensed.  Upon  licensing 
a  table  or  board,  said  auditor  shall  deliver  to  the  licensee  a 
metallic  plate  with  the  word  "  licensed  "  and  number  thereon. 
Upon  receiving  said  plate,  the  licensee  shall  securely  fasten  the 
same  in  some  conspicuous  place  upon  such  licensed  table  or 
board,  and  keep  the  same  so  fastened  during  the  time  such 
license  is  in  force  ;  and  upon  the  expiration  or  forfeiture  of 
such  license,  said  licensee  shall  return  said  metallic  plate  to  said 
auditor.  [£.  O.  No.  441,  Sec.  W. 

[For  penalty  for  violating  this  Chap,  see  Sec.  20,  Chap, 
•entitled  "  licenses."] 

CHAPTER  XL 

BILL  POSTING— BILL  BOARDS. 

SECTION.  SECTION. 

1.  Bill  poster,  license  for  6.    Posters  not  to  be  affixed  to  side- 

2.  Bill  poster  defined.  walks,  etc.,  without  consent,  etc. 
-3.    Shall     register   location  of   bill                     7.    Destroying  posters,  etc. 

boards,  etc.  8.    Penalty, 

4.  Bill  boards  how  constructed,  to  be  .9.    Building  inspector  to  inspect  bill 

kept  in  repair.  boards,  etc. 

5.  Bill  boards,  etc.,  to  be  kept  free 

from  loose  paper. 

SECTION  1.  Bill  poster,  license. — It  shall  be  unlaw- 
ful for  any  person,  association  or  corporation  to  exercise, 
<;arry  on,  or  engage  in  the  occupation  of  a  bill  poster  in  the 
city  of  St.  Joseph  without  first  having  obtained  a  license 
therefor  from  said  city,  and  the  charge  for  such  license  shall 


BILL  POSTING — BILL  BOARDS.  243 

be  fifty  dollars  per  year  and  no  such  license  shall  be  issued  for 
a  less  period  than  one  year :  Provided,  that  no  license  shall 
be  required  for  the  posting  of  legal  notices,  or  distributing 
bills  or  posters  for  any  charitable^  religious,  or  political  pur- 
poses. Any  person  or  persons  engaging  in  such  occupation 
without  first  having  obtained  a  license,  shall  be  deemed  guilty 
of  a  misdemeanor.  [G.  0.  No.  499,  Sec.  1. 

SEC.  2.  Bill  poster  defined. — Any  person,  associa- 
tion, corporation,  or  any  manager,  agent  or  proprietor  of  a 
theater  or  other  place  of  public  amusement,  who  shall  post  up 
or  affix  in  any  manner,  or  paint,  print  or  write,  or  cause  to  be 
painted,  or  written  a  notice  or  advertisement  upon  any  bulle- 
tin board,  wall,  fence,  building  or  other  place,  is  hereby 
declared  to  be  a  bill  poster.  [G.  O.  No.  499,  Sec.  2. 

SEC.  3.  Shall  register  location  of  bill  boards, 
etc. — Before  any  person,  association  or  corporation  shall  be 
entitled  to  receive  a  license  as  a  bill  poster,  he  shall  file  with 
the  street  commissioner  a  complete  list  of  all  bill  boards,  walls 
or  other  places  used  for  posting  bills,  owned  or  controlled  by 
him,  and  shall  keep  said  list  corrected  from  day  to  day  as  to 
any  and  all  additions  or  withdrawals.  [G.  O.  No.  1$9, 
$ec.  3. 

SEC.  4.  Bill  boards,  how  constructed,  to  be  kept 
in  repair. — All  bill  boards  now  or  hereafter  to  be  erected., 
shall  be  constructed  and  kept  in  such  repair  that  the  same  shall 
afe  all  times  be  safe  and  secure  in  wind  storms,  firmly  braced  in 
all  directions,  and  should  any  bill  board  become  in  any  manner 
unsafe,  the  same  shall  be  forthwith  put  in  proper  repair  and 
condition  by  the  owner  or  lessee  thereof.  Any  person  viola- 
ting the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor.  [G.  0.  No.  499,  Sec.  4. 

SEC.  5.  Bill  boards,  etc.,  to  be  kept  free  from 
loose  paper. — It  is  hereby  made  the  duty  of  every  licensed 
bill  poster  to  keep  the  bill  boards,  walls  and  fences  used, 


244  GENERAL  ORDINANCES. 

owned  or  controlled  by  him  free  from  loose  or  flopping  paper, 
and  to  keep  the  ground  clean  around  and  contiguous  to  such 
bill  boards,  walls  and  fences,  from  loose  paper  falling  from 
said  bill  boards,  walls  and  fences,  and  any  person  failing  to 
so  do  shall  be  deemed  guilty  of  a  misdemeanor.  [G.  O.  No. 
499,  Sec.  5. 

SEC.  6.  Posters  not  to  be  affixed  to  sidewalks, 
etc.,  without  consent,  etc. — It  shall  be  unlawful  for  any 
person  or  persons  without  the  consent  of  the  mayor  to  post  up, 
or  affix  in  any  manner,  or  paint,  print  or  write,  or  cause  to  be 
painted,  printed  or  written,  a  notice,  advertisement  or  bill 
upon  a  bridge,  hydrant,  curbstone,  sidewalk,  tree,  pole  or 
post  in  a  street  or  public  place,  or  upon  a  walk,  fence  or  build- 
ing belonging  to  the  city  ;  and  any  person  or  persons  so 
offending  shall  be  deemed  guilty  of  a  misdemeanor.  [G.  O. 
No.  499,  Sec.  6. 

SEC.  7.  Destroying  posters,  etc. — It  shall  be  un- 
lawful for  any  person  in  this  city  to  wilfully  tear,  pull,  or  cut 
down,  destroy,  mutilate  or  deface  any  poster,  hand  bill,  card 
or  other  advertisement  posted  upon  any  bill  board,  wall  or 
other  place  by  a  licensed  bill  poster,  and  any  person  so  offend- 
ing shall  be  deemed  guilty  of  a  misdemeanor.  [G.  O.  No. 
499,  Sec.  7. 

SEC.  8.  Penalty. — Any  person  being  found  guilty  of 
any  misdemeanor  under  any  of  the  provisions  of  this  ordi- 
nance, shall  be  punished  by  a  fine  of  not  less  than  one  nor 
more  than  fifty  dollars.  [G.  O.  No.  499,  Sec.  8. 

SEC.  9.     Building  inspector  to  inspect  bill  boards 

etc. — It  shall  be  the  duty  of  the  building  inspector  to  make 
frequent  inspection  of  all  bill  boards  in  the  city,  and  to  see 
that  the  same  are  kept  in  proper  repair.  [G.  0.  No. 

Sec.  9. 


INSPECTION  OF  STEAM  BOILERS. 


245 


CHAPTER  XII. 


BOILERS— STEAM  BOILERS  ;  INSPECTOR  OF,  ETC. 


SECTION 

1.  Inspector  of   steam  boilers   to  be 

appointed— board  of  engineers. 

2.  Duties  of   the    inspector;    to   test 

boilers,  etc. 

3.  Duties  of  board  of  engineers ;   to 

issue  engineers'  certificates. 

4.  Owner  of  boiler  may  appeal  from 

inspector. 

5.  Owner  must  have  permit;  two  en- 

gineers required. 

6.  Boilers,  etc.,  to  be  tested  once  a 

year ;  penalty  for  violations  of,  etc 

7.  Owner  must   employ  licensed   en- 

gineer. 


SECTION 

8.  Certificates  of  inspection  to  be  is- 

sued ;  returns  by  inspector,  etc. 

9.  Inspector  to  make  semi-annual  re- 

ports. 

10.  Salaries;  bonds;   compensation  of 

board,  etc. 

11.  Penalty   for   inspector   or    deputy 

failing  of  duty. 

12.  What  engineers,  engines  and  boilers 

excepted. 

13.  Expenses,  etc.,  to  be  audited. 

14.  Proceedings  to  obtain  license. 

15.  Not    applicable    to    private    resi- 

dences, except  when. 


SECTION  1.  Inspector  of  steam  boilers  ;  board  of 
engineers. — The  mayor  shall  appoint,  by  and  with  the  con- 
sent of  the  common  council,  a  boiler  inspector,  who  shall  be  a 
practical  boiler  maker,  and  competent  to  test  and  inspect  steam 
boilers  and  all  steam  generating  apparatus  underpressure.  Said 
boiler  inspector  is  authorized  to  appoint,  by  and  with  the  con- 
sent of  the  mayor,  one  deputy  inspector,  who  shall  possess  the 
same  qualifications  as  the  boiler  inspector,  and  perform  the 
same  duties  in  case  of  temporary  absence  from  the  city,  sick- 
ness or  other  disability  of  the  boiler  inspector.  The  boiler 
inspector  shall  hold  his  office  for  the  term  of  two  years  from 
the  third  Monday  in  April  after  the  annual  election,  and  until 
his  successor  is  appointed  and  qualified.  The  said  deputy 
inspector  shall  serve  without  compensation  from  the  city,  and 
hold  his  office  until  removed  by  the  mayor.  The  mayor  shall 
also  designate  and  appoint,  by  and  with  the  consent  of  the 
council,  for  the  same  time  as  the  boiler  inspector  is  appointed, 
two  persons,  both  of  whom  shall  be  practical  and  mechanical 
engineers,  having  had  at  least  five  years'  experience  in  the 
business,  who,  in  connection  with  the  boiler  inspector,  shall 
constitute  a  board  of  engineers.  [G.  O.  No.  %1$,  Sec.  1. 


246  GENERAL  ORDINANCES. 

SEC.   2.  Duties  of  inspector ;  to  test  boilers. — The 

boiler  inspector  shall  devote  his  time  and  attention  to  the  duties 
of  his  office,  and  also  perform  the  duties  of  secretary  of  the 
board  of  engineers.  He  shall  carefully  inspect  and  test  every 
stationary  boiler  and  steam  generating  apparatus  under  pres- 
sure, used  for  manufacturing,  heating  and  mechanical  purposes 
as  provided  by  this  ordinance,  including  all  attachments  and 
connections,  located  within  the  city  of  St.  Joseph,  at  least  once 
annually.  He  shall  keep  a  complete  and  accurate  record  of 
the  names  of  all  owners  or  users  of  steam  boilers,  giving  a  full 
description  of  the  boilers  inspected  by  him,  and  the  amount  of 
pressure  allowed  the  date  when  last  tested.  He  shall  notify 
all  owners  or  users  of  boilers  of  the  time  when  a  reinspection 
and  test  will  be  made,  at  least  ten  days  before  the  expiration 
of  each  certificate  of  inspection,  and  appoint  a  day  upon  which 
he  will  make  a  reinspection.  The  manner  of  inspection  shall 
be  substantially  as  follows :  The  boiler  owner  or  user  shall 
have  the  option  of  taking  the  hammer  test  or  the  hydrostatic 
test.  If  the  hammer  test  be  used,  the  examination  shall  be 
thorough  and  searching  upon  every  part  of  the  boiler,  both 
internally  and  externally,  including  all  fittings  and  attachments. 
If  the  hydrostatic  test  be  used,  each  boiler  shall  be  tested  by 
hydraulic  pressure  one-fourth  greater  than  the  ordinary  working 
pressure  used,  and  the  certificate  of  inspection  herein  provided, 
shall  state  the  maximum  pressure  at  which  any  boiler  may  be 
worked.  In  case  a  defect  shall  be  discovered  in  any  boiler  or 
attachment  thereto,  the  boiler  inspector  shall  report  the  same 
to  the  owner  or  user  of  said  boiler  or  boilers,  and  state  the 
facts  of  the  case  in  writing,  giving  a  description  of  the  particular 
locality  in  which  each  defect  may  be  found,  and  whether  of  a 
dangerous  character  and  necessitating  immediate  repair.  If 
the  boiler  inspector  shall  at  any  time  find  a  boiler  which,  in 
his  judgment,  is  unsafe,  after  inspecting  the  same,  he  shall 
condemn  its  further  use.  All  boilers  to  be  tested  by  hydrostatic 
pressure  shall  be  filled  with  water  by  the  owners  or  users,  and 
they  shall  furnish  the  necessary  labor  required  to  work  and 


INSPECTION  OF  STEAM  BOILERS.  247 

handle  the  pumps  in  applying  the  test.  When  leaks  occur 
which  prevent  a  successful  test,  the  boiler  inspector  shall  make 
a  second  test,  upon  receiving  notice  that  all  leaks. have  been 
repaired.  If,  upon  making  the  second  test,  the  boiler  or  boilers 
are  still  defective,  he  shall,  for  each  subsequent  test,  collect  an 
additional  inspection  fee,  but  in  no  case  shall  he  give  a  certifi- 
cate until  fully  satisfied  of  the  safety  of  the  boiler  or  boilers. 
All  certificates  of  inspection  shall  be  for  one  year  and  no  longer. 
[G.  O.  No.  n®,  Sec.  2. 

SEC.  3.  Duties  of  board  of  engineers  —  engi- 
neers' certificate. — The  boiler  inspector  and  board  of 
engineers  shall  be  provided  with  all  needed  blanks  and  sta- 
tionery needful  for  their  official  duties.  Said  board  shall  pro- 
vide for  regular  sessions,  and  the  boiler  inspector  shall  act  as 
secretary  and  keep  minutes  of  the  proceedings.  Said  board 
shall  convene  for  business  twice  in  each  month  to  examine 
into  qualifications  of  applicants  for  engineers'  licenses.  The 
boiler  inspector  shall  have  power  to  call  a  special  session  of 
the  board  if  deemed  necessary.  A  majority  of  the  members 
of  the  said  board  shall  constitute  a  quorum  for  the  transaction 
of  business.  The  secretary  shall  keep  a  register  of  the  names 
of  all  applicants,  designate  those  found  qualified  and  those  not 
qualified.  Said  board  shall  grant  licenses,  charging  therefor 
each  applicant  the  sum  of  five  dollars  for  the  first  license,  two> 
dollars  to  be  deposited  with  the  clerk  of  the  board,  each  appli- 
cant to  be  allowed  three  trials.  If  he  then  fails  to  pass  a 
satisfactory  examination,  the  applicant  shall  then  forfeit  the 
money  deposited  with  the  clerk  of  the  board  ;  but  if  the  appli- 
cant has  the  capacity,  skill,  experience  and  habits  of  sobriety 
requisite  to  perform  the  duties  of  an  engineer,  and  shall  pass 
examination  successfully,  the  board  shall  grant  him  a  license  for 
the  term  of  one  year,  upon  the  payment  of  an  additional  three 
dollars  ;  and  any  person  thus  qualified  shall  not  be  refused  a 
license.  The  regular  meetings  of  the  board  of  examiners  shall 
take  place  on  the  first  and  third  Tuesdays  of  each  month.  Said 
board  of  engineers  shall  vise  all  engineers'  licenses  presented 


248  GENERAL  ORDINANCES. 

by  the  owner  thereof,  granted  him  by  the  United  States  laws, 
•which  shall  have  the  same  effect  as  licenses  granted  by  the 
board,  and  the  engineers  whose  licenses  are  vised  by  the 
board,  shall  be  subject  to  the  provisions  of  this  ordinance. 
Ail  licenses  granted  shall  be  signed  by  not  less  than  two,  and 
may  be  signed  by  all  members  of  the  board.  Any  person 
taking  charge  of  a  steam  boiler  or  steam  boilers  for  heating 
purposes  only,  shall  be  examined  by  the  said  board  of  engi- 
neers and  if  found  qualified,  the  said  board  shall  grant  him  a 
certificate  to  that  effect  upon  the  payment  of  two  dollars.  Said 
board  of  engineers  shall  have  power  to  grant  special  license  in 
special  cases  if  it  dees  not  conflict  with  this  ordinance.  Said 
board  of  engineers  may  adopt  such  rules  and  regulations  as 
they  shall  deem  proper,  not  inconsistent  with  this  ordinance 
.and  the  general  law.  A  full  board  of  engineers,  by  a  unani- 
mous vote,  shall  have  power  to  revoke  an  engineer's  license 
for  inebriety,  dishonesty  or  neglect  of  his  duties  when  in 
charge  of  an  engine  or  boiler  in  use,  and  may  order  the  re-in- 
spection of  any  boiler  whenever  they  shall  deem  it  necessary 
for  the  public  safety  ;  but  no  license  shall  be  permanently 
revoked  for  cause,  without  first  giving  the  accused  party  an 
opportunity  to  be  heard  in  his  own  defense.  [G.  O.  No.  242, 
&ec.  3. 

SEC.  4.  Owner  may  appeal  from  inspector.— 
Any  owner  or  user  of  a  steam  boiler  feeling  aggrieved  on 
account  of  any  decision  of  the  boiler  inspector,  may  appeal  to 
the  board  of  engineers,  and  upon  a  thorough  and  careful  inves- 
tigation of  the  matter  at  issue  between  the  parties,  a  majority 
of  the  board  shall  decide  the  question  ;  but  in  case  said  board 
fail  to  agree,  then  the  mayor  shall  appoint  some  competent 
person  who  shall  sit  with  the  board,  which  decision  shall  be 
Unal  in  all  cases.  But  the  boiler  inspector  shall  not  have  a 
voice  in  any  matter  in  which  there  is  an  appeal  from  his 
decision.  [G.  0.  No.  242,  Sec.  4. 

SEC.  5.  Owner  must  have  permit  —  two  engi- 
neers required. — In  case  the  user  or  owner  of  any  boiler 


INSPECTION  OF  STEAM  BOILERS.  249 

shall,  for  any  cause,  be  deprived  of  the  services  of  a  licensed 
engineer,  he  must  notify  the  boiler  inspector  at  once,  and  may 
procure  an  experienced  and  careful  person  in  charge  for  a  time 
not  exceeding  six  days.  Where  boilers  are  used  and  engines 
run  night  and  day,  the  owner  or  user  of  steam  power  must 
employ  two  licensed  engineers  who  may  stand  watch  alter- 
nately. Any  person  or  persons  intending  to  put  a  boiler  or 
boilers  into  their  establishment  or  building,  must  apply  to  the 
boiler  inspector  for  a  permit  before  setting  up  any  boiler  ;  and 
any  one  failing  or  refusing  to  comply  with  the  same  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  ten  nor  more  than  fifty  dollars. 
[£.  O.  No.  248,  Sec.  5. 

SEC.  6.  Boilers  to  be  tested  once  a  year  —  penal- 
ties. —  All  owners  or  users  of  any  stationary  boilers  or  steam 
generating  apparatus  under  pressure,  shall  have  the  same 
inspected  and  tested  as  herein  provided,  before  and  while  being 
used,  and  at  least  once  a  year  thereafter  ;  and  for  every  neglect 
or  refusal  to  have  such  inspection  and  test,  they  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  in  a  sum  not  less  than  ten  dollars  nor  more  than  fifty 
dollars.  If  owners  or  users  of  steam  boilers,  or  engineers  in 
charge  of  the  same,  shall  carry  a  greater  pressure  than  is  allowed 
in  the  certificate  of  inspection  granted  by  the  boiler  inspector, 
they,  or  either  of  them,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof,  shall  be  fined  in  a  sum  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  ;  and  in  case 
of  an  engineer,  his  license  shall  be  revoked  ;  or  if  such  owners 
or  users  shall  use  any  boiler  which  has  been  condemned  as 
unsafe  by  the  boiler  inspector,  they  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in 
a  sum  not  less  than  twenty  dollars  nor  more  than  one  hun-dred 
dollars.  [G.  0.  No.  84&,  Sec.  6. 


SEC.  7.     Owner  must  employ  licensed  engineer. 

—Every  owner  or  user  of  steam  boiler  or  boilers,  or  steam 


250  GENERAL  ORDINANCES. 

generating  apparatus  of  over  five  horse  power,  when  the  boiler 
or  boilers  are  in  use,  must  employ  a  competent  engineer  having 
a  license  from  the  board  of  engineers,  and  every  owner  or  user, 
as  aforesaid  who  shall  neglect  or  refuse  to  employ  a  licensed 
engineer  as  herein  provided,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall  pay  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars 
for  every  day  so  doing.  And  any  person  acting  as  engineer 
having  in  charge  either  engine  or  boiler,  in  use  within  the 
corporate  limits  of  the  city  of  St.  Joseph,  not  holding  a  license 
as  above  provided  and  required,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  shall  pay  a  fine  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars  for  every 
day  so  doing.  And  any  person  taking  charge  of  more  than 
one  steam  boiler  or  steam  generating  apparatus  under  pressure, 
when  not  in  one  building  or  on  the  premises  of  one  industry, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  pay  a  tine  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  every  day  so  doing.  Every  licensed 
engineer  shall  devote  at  least  eight  hours  out  of  every  twenty- 
four  to  the  duties  of  the  plant  where  he  is  employed  as  engineer. 
[G.  O.  No.  24%,  Sec.  7. 

SEC.   8.     Certificate    of   inspection  —  returns   by 

inspector — The  auditor  shall  issue  to  the  comptroller  certifi- 
cates of  inspection  of  steam  boilers,  regularly  numbered  and 
duly  signed  by  each  of  said  officers,  in  denominations  proper 
to  meet  the  requirements  of  this  ordinance,  but  blank  as  to  the 
owner's  or  user's  names,  date,  pressure,  locality  and  number  of 
boiler.  The  comptroller  shall  issue  such  certificates  of  inspec- 
tion to  the  boiler  inspector  and  charge  them  to  him.  The 
inspector  shall  collect  from  all  owners  or  users  of  boilers  the 
following  inspection  fees  and  no  more  :  For  every  high  pres- 
sure boiler  of  a  capacity  above  forty-five  square  feet  of  heating 
surface,  five  dollars  whether  set  single  or  in  sets.  Where  sets 
of  boilers  are  built  one  above  another,  only  those  immediately 
over  the  fire  shall  be  counted.  And  for  every  low  pressure 


INSPECTION  OF  STEAM  BOILERS.  251 

boiler  for  heating  purposes  only,  and  high  pressure  boilers  of 
a  capacity  of  not  above  forty-five  square  feet  of  heating  surface 
two  and  a  half  dollars.  The  boiler  inspector,  upon  the  receipt 
of  the  money  for  the  inspection  fee,  shall  promptly  deliver  to 
every  owner  or  user  of  any  boiler,  certificates  of  inspection  of 
the  boilers  inspected  by  him  or  by  his  assistant.  Every  such 
certificate  of  inspection  shall  be  properly  filled  up  as  herein 
provided,  and  signed  by  said  boiler  inspector.  Said  certificate 
of  inspection  shall  be  displayed  in  some  prominent  place  near 
where  the  boilers  are  used.  The  boiler  inspector  shall  make 
monthly  returns  to  the  city  comptroller  of  all  moneys  collected, 
giving  the  names  of  the  steam  users  from  whom  collected,  and 
shall  pay  the  moneys  collected  into  the  city  treasury  at  least 
once  in  each  month.  \_G.  O.  No.  %1$,  Sec.  8. 

SEC.  9.     Inspector  to  make  semi-annual  report. 

— The  boiler  inspector  shall  make  a  semi-annual  report  to  the 
comptroller,  reporting  the  full  number  of  boilers  in  the  city, 
the  number  in  use,  the  number  inspected  and  the  number  con- 
demned as  unsafe.  He  shall  report  the  date,  name  of  the 
owner  and  the  locality  of  every  boiler  accident,  whether  it  be 
from  a  rupture  or  collapse  of  flue  or  explosion  of  the  shell  of 
the  boiler,  stating  his  belief  as  to  the  cause  thereof.  He  shall 
further  report  the  number  and  names  of  applicants  for  engi- 
neers' licenses,  the  number  of  rejected  and  the  number  granted 
licenses.  Such  report  shall  be  signed  by  the  full  board  of 
engineers,  and  open  to  the  inspection  of  all  persons  interested. 
[G.  0.  No.  242,  Sec.  9. 

SEC.    10.      Salaries  —  bonds  —  compensation    of 

board. — The  boiler  inspector  shall  receive  a  salary  of  nine 
hundred  dollars  per  annum,  subject  always  to  the  further  pro- 
visions of  this  ordinance,  which  shall  be  in  full  for  all  services 
rendered  by  him.  He  shall  give  bond  to  the  city  of  St.  Joseph 
in  the  penal  sum  of  two  thousand  dollars,  with  two  or  more 
securities,  to  be  approved  by  the  comptroller,  conditioned  for 
the  faithful,  skillful  and  impartial  performance  of  the  duties 


252  GENERAL  ORDINANCES. 

of  his  office,  and  that  he  will  fully  account  for  and  pay  into 
the  city  treasury  all  moneys  received  by  him,  as  herein  pro- 
vided. The  deputy  inspector  appointed  under  this  ordinance 
shall  give  a  bond  in  the  penal  sum  of  one  thousand  dollars, 
with  the  same  conditions  as  required  of  the  boiler  inspector, 
and  subject  to  the  approval  of  the  comptroller.  The  mem- 
bers of  the  board  of  engineers,  except  the  boiler  inspector, 
shall  each  receive  seventy-five  dollars  per  year.  They  shall 
each  give  bond  in  like  manner  as  the  boiler  inspector,  with 
same  conditions,  and  in  the  penal  sum  of  five  hundred  dollars, 
said  bond  to  be  approved  by  the  comptroller.  [G.  0.  No. 
Sec.  10. 


SEC.  11.  Penalty  for  inspector  or  deputy  failing 
of  duty.  —  If  the  boiler  inspector  or  his  deputy  shall  neglect 
or  fail  to  discharge  his  or  their  duty,  by  reason  of  inebriety, 
or  by  neglecting  to  perform  the  duties  of  inspector,  or  to  pay 
over  moneys  received  for  inspection,  as  provided  in  this  ordi- 
nance, or  in  any  manner  use  their  position  for  corrupt  or  dis- 
honest purposes,  he  or  they  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars,  and  forfeit  his  or  their  office. 
[G.  0.  No.  2J2,  Sec.  11. 


SEC.  12.     What  engineers,   engines  and  boilers 

excepted.  —  All  engineers,  engines  and  boilers  of  the  fire 
department  of  St.  Joseph,  and  the  locomotive  boilers  used  on 
railroads,  and  steam  boilers  supplied  with  water  automatically, 
when  used  only  for  heating  dwelling  houses  and  not  carrying 
under  pressure  of  over  ten  pounds  of  steam  per  square  inch, 
are  exempt  from  the  provisions  of  this  ordinance.  [G.  O. 
No.  24^,  Sec.  12. 

SEC.  13.  Expenses  to  be  audited.  —  All  expendi- 
tures for  the  inspection  of  boilers  shall  be  charged  and  paid  as 
expenses  of  the  office  of  boiler  inspector  and  board  of  engi- 
neers, and  all  bills  before  being  paid  shall  be  audited  and 


INSPECTION  OF  STEAM  BOILERS.  253 

approved,  subject  to  the  provisions  of  this  ordinance  and  the 
laws  governing  cities  of  the  second  class.  [G.  0.  No.  %1$, 
Sec.  13. 

SEC.  14.  Proceedings  to  obtain  license. — Every 
applicant  for  a  license  who  fails  to  pass  the  examination 
of  the  board,  is  required  to  wait  two  weeks  before  again 
making  application  for  a  license,  and  the  board  shall  then  give 
him  another  examination  ;  any  applicant  failing  to  pass  the 
examination  after  the  third  trial,  shall  not  be  permitted  to  again 
appear  before  said  board  for  six  months.  Every  engineer 
licensed  by  the  board,  and  every  engineer  whose  license  is 
vised  by  the  board,  is  required  to  notify  the  boiler  inspector 
when  he  accepts  employment,  and  within  three  days  there- 
after, the  name  of  his  employer  and  the  location  of  the  boiler 
or  boilers  in  his  charge  ;  and  every  engineer  who  shall  neglect 
or  refuse  to  comply  with  this  rule,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  pay  a  fine  of 
not  less  than  five  nor  more  than  ten  dollars.  Ever}7  engineer 
licensed  by  the  board,  or  whose  license  is  vised  by  the  board, 
shall  semi-annually  report  to  the  boiler  inspector  during  the  first 
three  days  of  the  months  of  January  and  July,  the  condition 
of  the  boilers,  pumps  and  connections  under  his  charge  ;  and 
any  licensed  engineer  who  shall  fail  or  neglect  to  comply  with 
this  rule,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  pay  a  fine  of  not  less  than  five  dollars 
nor  more  than  ten  dollars.  An  application  for  a  renewal  of  a 
license  shall  be  made  not  later  than  the  first  regular  meeting 
of  the  board  next  following  the  expiration  of  the  license,  and 
unless  the  above  provision  is  complied  with,  the  board  may,  at 
its  discretion,  order  a  new  examination.  Any  steam  user 
failing  to  place  or  put  in  a  conspicuous  place  in  engine  room 
or  boiler  house,  the  boiler  inspector's  certificate,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof 
shall  pay  a  fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars.  Any  person  who  violates  or  fails  to  comply  with  the 
provisions  of  this  ordinance,  shall  be  deemed  guilty  of  a  mis- 


254  GENERAL  ORDINANCES. 

demeanor,  and,  upon  conviction  thereof,  when  no  other  fine  or 
punishment  is  fixed  in  this  ordinance,  be  fined  in  the  sum  of 
not  less  than  five  nor  more  than  fifty  dollars  for  each  offense. 
The  citj  comptroller  shall  immediately  after  the  passage  of 
this  ordinance,  procure  five  hundred  copies  to  be  printed  for 
gratuitous  distribution  among  steam  users  and  engineers. 
[R.  0.  No.  242,  Sec.  14. 

SEC.   15.     Not  applicable  to  private   residences, 

except  \vhen. — Nothing  in  this  ordinance  shall  be  construed 
as  applicable  to  private  residences  except  where  several  houses 
shall  be  constructed  and  used  as  flats  or  tenements,  and  all 
heated  by  one  steam  plant.  [G.  0.  No.  %!$,  Sec.  15. 


CHAPTEK  XIII. 
BONDS  OF  CITY  OFFICERS. 

SECTION.  SECTION. 

1.  Bonds  of  city  officers.  3.    Bond  of  public  impounder. 

2.  Bond  of  city  comptroller. 

SECTION  1.  Bonds  of  city  officers. — The  city  officers 
hereinafter  named  shall,  before  entering  upon  the  duties  of 
their  respective  offices,  give  bond  to  the  city  of  St.  Joseph, 
with  two  or  more  securities,  residents  of  the  city,  to  be 
approved  by  the  comptroller,  conditioned  for  the  faithful  dis- 
charge of  their  duties,  in  the  following  sums  respectively: 

City  auditor $30  000 

City  attorney 5  000 

City  clerk 5  000 

City  engineer 10  000 

City  physician 5  000 

City  assessor 10  000 

City  counselor -. 5  000 

Chief  of  fire  department 5  000 

Superintendent  of  buildings 5  000 

[R.  0.  1888,  Chap.  10,  Sec.  1. 

SEC.  2.  Bond  of  city  comptroller. — The  city  comp- 
troller shall,  before  entering  upon  the  duties  of  his  office,  give 


BONDS  OF  CITY  OFFICERS — MUNICIPAL  BOUNDARIES.       255 

bond  to  the  city  of  St.  Joseph  in  the  sum  of  fifty  thousand 
dollars,  with  two  or  more  securities,  residents  of  the  city,  to  be 
approved  by  the  mayor,  conditioned  for  the  faithful  discharge 
of  his  duties.  [R.  O.  1888,  Chap.  10,  Sec.  <2. 

SEC.  3.  Bond  of  public  impounder. — Before  enter- 
ing upon  the  discharge  of  his  duties,  the  public  impounder  of 
the  city  of  St.  Joseph,  shall  give  bond  in  the  sum  of  two  hun- 
dred and  fifty  dollars,  conditioned  upon  the  faithful  perform- 
ance of  the  duties  of  his  office,  and  that  he  will  take  proper 
care  of  the  animals  coming  into  his  charge.  [E.  0.  1888., 
Chap.  10,  Sec.  3. 

CHAPTER  XIV. 

BOUNDARIES— MUNICIPAL  BOUNDARIES. 

ARTICLE  .1.    CORPORATE  LIMITS — EXTENSION  OF. 
II.     WARD  BOUNDARIES. 
III.    SUBDIVISION  OF  WARDS. 

ARTICLE  I. 
CORPORATE  LIMITS-EXTENSION  OF. 

SECTION  1.    Corporate  limits,  extended  and  denned. 

SECTION  1.  Corporate  limits  extended  and  de- 
nned.— The  corporate  limits  of  the  city  of  St.  Joseph,  Mo., 
be  and  are  hereby  extended  to  the  lines  hereinafter  defined, 
and  shall  comprise  all  that  section  of  country  situated  in  the 
county  of  Buchanan,  and  state  of  Missouri,  and  contained 
within  the  following  boundaries,  to  wit  :  Beginning  at  a  point 
in  the  middle  of  the  main  channel  of  the  Missouri  river,  where 
the  west  line  of  section  twenty  (20),  of  township  fifty-seven 
(57),  of  range  thirty-five  (35),  strikes  the  same,  thence  south 
along  the  west  line  of  said  section  twenty  (20),  to  the  south- 
west corner  of  said  section  ;  thence  east  along  the  south  line 
of  sections  twenty  (20)  and  twenty-one  (21),  of  said  township 
and  range  to  the  southeast  corner  of  the  southwest  quarter  of 
said  section  twenty-one  (21);  thence  north  along  the  line  passing 
through  the  center  of  said  section  twenty-one  (21),  to  the  center 


256  GENERAL  ORDINANCES. 

of  said  section  ;  thence  east  along  the  center  line  of  said  section 
twenty-one  (21),  to  the  southeast  corner  of  the  northeast  quarter 
of  said  section  ;  thence  north  along  the  east  line  of  sections 
twenty-one  (21),  sixteen  (16),  nine  (9),  and  four  (4),  of  said 
township  and  range,  to  the  northeast  corner  of  the  southeast 
quarter  of  said  section  four  (4),  thence  west  on  the  line  passing 
through  the  center  of  said  section  four  (4),  to  the  center  of  said 
section,  thence  north  on  the  center  line  of  said  section  to  the 
north  line  of  said  section  ;  thence  west  on  the  north  line  of 
sections  four  (4),  and  five  (5),  of  said  township  and  range  to 
the  northwest  corner  of  the  east  half  of  the  northwest  quarter 
of  said  section  five  (5),  thence  south  along  the  west  line  of  said 
east  half  of  the  northwest  quarter  of  said  section  five  (5),  to  the 
north  line  of  the  southwest  quarter  of  said  section  five  (5); 
thence  west  along  the  north  line  of  said  southwest  quarter  of 
said  section  five  (5),  to  the  west  line  of  said  section  five  (5); 
thence  south  along  said  west  line  to  the  northeast  corner  of 
section  seven  (7),  of  said  township  and  range  ;  thence  west 
along  the  north  line  of  said  section  seven  (7),  to  a  point  where 
the  west  line  of  an  alley  lying  and  being  between  Elwood  and 
Belmont  streets  intersects  the  said  north  line  of  section  seven 
(7),  thence  south  on  the  said  west  line  of  said  alley  to  where 
the  same  strikes  the  Missouri  river,  thence  down  the  middle  of 
the  main  channel  of  the  Missouri  river  to  the  place  of  begin- 
ning, all  being  in  township  fifty-seven,  and  range  thirty-five. 
[G.  0.  No.  222,  Sec.  1. 

ARTICLE   II. 

WARD  BOUNDARIES. 

SECTION  1.    Boundaries  of  wards. 

SECTION  1.  Boundaries  of  wards.  —  The  territory 
embraced  within  the  corporate  limits  of  the  city  of  St.  Joseph, 
shall  be  divided  into  eight  wards,  the  boundary  lines  of  which 
shall  be  as  follows  : 


WARD  BOUNDARIES.  .  257 


FIRST    WARD. 

The  first  ward  shall  embrace  all  the  territory  lying  north 
of  the  center  of  Poulin  and  Corby  streets  and  west  of  the 
center  of  Tenth  street  and  of  the  west  line  of  the  northwest 
quarter  of  section  four. 

SECOND   WARD. 

The  second  ward  shall  embrace  all  the  territory  lying  north 
of  the  center  of  Corby  street,  of  the  south  line  of  Mt.  Mora 
cemetary  grounds,  and  of  the  center  of  Colhoun  street,  and 
east  of  the  center  line  of  Tenth  street  and  of  the  west  line  of 
the  northwest  quarter  of  section  four. 

THIRD   WARD. 

The  third  ward  shall  embrace  all  the  territory  lying  south 
of  the  center  of  Poulin  and  Corby  streets  to  the  center  of 
Felix  street,  and  west  of  the  center  line  of  Twelfth  street. 

FOURTH    WARD. 

The  fourth  ward  shall  embrace  all  the  territory  lying 
south  of  the  center  of  Corby  street,  the  south  line  of  Mt.  Mora 
cemetery  grounds  and  the  center  of  Colhoun  street  to  the 
center  of  Felix  street  and  east  of  the  center  of  Twelfth  street. 

FIFTH    WARD. 

The  fifth  ward  shall  embrace  all  the  territory  lying  south 
of  the  center  of  Felix  street  to  the  center  of  Mitchell  avenue, 
and  west  of  the  center  of  Fifteenth  street. 

SIXTH    WARD. 

The  sixth  ward  shall  embrace  all  the  territory  lying  south 
of  the  center  of  Felix  street  to  the  center  of  Mitchell  avenue, 
and  east  of  the  center  of  Fifteenth  street. 

SEVENTH    WARD. 

The  seventh  ward  shall  embrace  all  the  territory  lying 
south  of  the  center  of  Mitchell  avenue,  and  west  of  the  center 
of  Twelfth  street. 

17 


'258  GENERAL  ORDINANCES. 

EIGHTH    WARD. 

The  eighth  ward  shall  embrace  all  the  territory  lying 
south  of  the  center  of  Mitchell  avenue,  and  east  of  the  center 
of  Twelfth  street.  [#.  O.  No.  2J0,  Sec.  1. 

ARTICLE  III. 

SUBDIVISION  OF  WARDS. 
SECTION  1.— Precinct  boundaries ;  location  of  polling  places. 

SECTION  1.     Precinct  boundaries  ;  polling  places. 

—The  several  wards  of  the  city  are  hereby  subdivided  into 
precincts  for  voting  purposes,  to  be  designated  by  letters,  and 
the  location  of  the  polling  place  in  each  precinct  is  hereby 
designated  as  follows: 

FIRST    WARD. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  north  of  the  center  of  section  five,  with  voting  place 
located  at  St.  Joseph  avenue  and  Hamburg  street. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  the  center  line  of  section  five,  and. north  of 
Market  and  Richardson  streets,  with  voting  places  located  at 
corner  of  Washington  avenue  and  Jefferson  street. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  Market  street  and  west  of  Third  street,  with 
voting  places  located  at  Second  and  Rosine  streets. 

Precinct  D.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  Richardson  street  and  east  of  Third  street,  with 
voting  place  located  at  Sixth  and  Lincoln  streets. 

SECOND     WARD. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  west  of  Seventeenth  street  and  of  the  west  line  of  the 
east  half  of  northwest  quarter  of  section  four,  with  voting 
place  located  at  Thirteenth  and  Highly  streets. 


SUBDIVISION  OF  WAKDS.  259 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  east  of  Seventeenth  street  and  of  the  west  line  of  the 
east  half  of  the  northwest  quarter  of  section  four,  with  voting 
place  located  at  Frederick  avenue  and  Twenty-third  street. 

THIRD    WARD. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  west  of  Third  street,  with  voting  place  located  at  the 
corner  of  Main  and  Antoine  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  east  of  Third  street  and  west  of  Eighth  street  from  Felix 
to  Hall  streets  and  west  of  Ninth  street  from  Hall  to  Corby 
streets,  with  voting  place  located  at  Fifth  and  Faraon  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward 
Ling  east  of  Eighth  street  from  Felix  to  Hall  streets,  and 
east  of  Ninth  street  from  Hall  to  Corby  streets  with  voting 
place  located  at  Ninth  and  Faraon  streets. 

FOURTH    WARD. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  west  of  Seventeenth  street,  from  the  southeast  corner  of 
Mt.  Mora  cemetery  to  Frederick  avenue,  west  of  Kemper  and 
Eighteenth  streets  from  Frederick  avenue  to  Felix  street,  with 
voting  place  located  at  Sixteenth  street  and  Buchanan  avenue. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying,  east  of  Seventeenth  street  from  Colhoun  street  to  Fred- 
erick avenue  and  east  of  Kemper  and  Eighteenth  streets  from 
Frederick  avenue  to  Felix  street,  with  voting  place  located  at 
Twenty-second  and  Faraon  streets. 

FIFTH    WARD. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  west  of  Ninth  street  and  north  of  Messanie  street,  with 
voting  place  located  at  Fifth  and  Sylvanie  streets. 


260  GENERAL  ORDINANCES. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  east  of  Ninth  street  and  north  of  Locust  street,  with  voting 
place  located  at  Tenth  and  Charles  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward 
lying  west  of  Ninth  street  and  south  of  Messanie  street,  with 
voting  place  located  at  Seventh  and  Patee  streets. 

Precinct  D.  Shall  comprise  all  that  portion  of  the  ward 
lying  east  of  Ninth  street  and  south  of  Locust  street,  with  voting 
place  located  at  Tenth  and  Olive  streets. 

SIXTH  WARD. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  west  of  Nineteenth  street  and  north  of  Olive  street,  with 
voting  place  located  at  Seventeenth  and  Messanie  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  east  of  Nineteenth  street  and  north  of  Olive  street  and 
the  0  ,  B.  &  Q.  R.  R.  right  of  way,  with  voting  place  located 
at  Twenty-second  and  Messanie  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  Olive  street  and  the  C.,  B.  &  Q.  R.  R.  right  of 
way,  with  voting  place  located  at  Twenty-second  and  Lafayette 
streets. 

SEVENTH    WARD. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  west  of  the  Hannibal  &  St.  Joseph  railroad,  Atchison 
route,  and  Eighth  street,  with  voting  place  located  at  Sixth  and 
Scott  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  east  of  the  Hannibal  &  St.  Joseph  railroad,  Atchison 
route,  and  Eighth  street,  with  voting  place  located  at  north- 
east corner  Tenth  street  and  Doaiphan  avenue. 


BUILDINGS.  261 

EIGHTH  WARD. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  north  of  Jackson  street,  with  voting  place  located  at 
Seventeenth  and  Sacramento  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  Jackson  street  and  north  of  Atchison  street,  and 
a  line  produced  eastward  from  Atchison  street,  with  voting 
place  located  at  Thirteenth  and  Pacific  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  Atchison  street  and  a  line  produced  eastward 
from  Atchison  street,  with  voting  place  located  at  Eighteenth 
(or  State)  and  Commercial  streets.  [G.  O.  No.  482,  Sec.  1; 
G.  O.  No.  547. 

CHAPTER  XV. 
BUILDINGS. 

ARTICLE  I.  BUILDINGS  ;   SURVEY  AND  INSPECTION  OF. 

II.  PERMITS  BY  SUPERINTENDENT  OP  BUILDINGS. 

III.  UNSAFE  BUILDINGS. 

IV.  CONSTRUCTION  OF  BUILDINGS. 
V.  REMOVAL  OF  BUILDINGS. 

VI.    NUMBERING  OF  BUILDINGS. 

ARTICLE  I. 

BUILDINGS;   SURVEY  AND  INSPECTION  OF. 

SECTION  SECTION 

1.  Executive  department  for  inspec-  4.    Qualification  of  superintendent. 

tion  of  buildings.  5.    Duties  of  superintendent. 

2.  Superintendent  of  buildings.  6.    Powers  of  superintendent. 

3.  Members  of  the  department.  7.    Records  of  executive  department. 

SECTION  1.  Executive  department  for  inspection 
of  buildings. — There  is  hereby  created  in  the  city  of  St. 
Joseph,  an  executive  department  to  be  known  and  designated 
as  the  department  for  the  survey  and  inspection  of  buildings, 
which  shall  have  charge  of  the  enforcing  of  all  ordinances  in 
force  or  which  may  be  hereafter  passed,  pertaining  to  the 
erection,  construction,  alteration,  repair  or  removal  of  build- 


262  GENERAL  ORDINANCES. 

ings,  or  the  storage  of  combustibles,  and  the  arrangement  of 
heating  appliances.  Said  department  shall  also  perform  the 
duties  pertaining  to  the  investigations  as  to  the  cause  and 
origin  of  fires,  arid  such  other  duties  as  may  be  imposed  upon 
it  by  ordinance.  [G.  O.  No.  83,  Sec.  1. 

SEC.  2.  Superintendent  of  buildings. — The  chief 
officer  of  the  said  department  shall  be  called  the  superintendent 
of  buildings.  He  shall  be  appointed  at  the  same  time  and  in 
the  same  manner  as  the  other  appointed  officers  of  the  city,  or 
as  soon  thereafter  as  possible,  and  shall  hold  his  office  for  the 
term  of  two  years, .  the  first  officer  to.  hold  two  years  from 
third  Monday  in  April,  1886,  and  until  his  successor  shall  be 
appointed  and  qualified,  unless  sooner  removed.  \_G.  O. 
No.  88,  Sec.  2. 

SEC.  3.  Members  of  the  department. — The  city 
engineer,  the  chief  of  police  and  the  chief  engineer  of  the  fire 
department  shall  be  the  other  members  of  the  department 

ex-officio.      [G.  0.  No.  88,  Sec.  3. 

SEC.  4.     Qualifications  of  superintendent.  —  The 

superintendent  of  buildings  shall  be  an  able  and  experienced 
architect,  builder  or  mechanic,  competent  to  perform  all  the 
duties  of  the  office  to  which  he  is  appointed,  and  shall  not, 
during  his  term  of  office,  be  employed  or  engaged  in  any  other 
vocation,  or  be  interested  in  any  contract  or  contracts  for 
building  or  for  furnishing  materials.  \_G.  O.  No.  88,  Sec.  4- 

SEC.  5.  Duties  of  superintendent. — It  shall  be  the 
duty  of  the  superintendent  of  buildings  to  issue  all  permits  for 
the  erection  of  buildings  or  the  making  of  repairs  ;  to  keep  a 
record  of  all  the  transactions  of  said  department,  to  report  all 
violations  of  this  ordinance  to  the  city  attorney,  that  the 
offenders  may  be  prosecuted ;  to  enter  upon  the  premises 
wherein  any  fire  has  occurred,  if  necessary,  in  order  to  inves- 
tigate the  origin  of  such  fire;  and,  further,  to  perform  such 
other  duties  as  are  herein  required  of  him.  He  shall  examine 


BUILDINGS.  263 

all  buildings  in  the  course  of  erection,  alteration  or  repair 
throughout  the  city,  as  often  as  practicable,  and  see  that  all  the 
requirements  of  the  ordinances  in  relation  thereto  are  complied 
with.  He  shall  inspect  all  public  school  buildings,  public  halls, 
churches  and  theaters,  and  all  buildings  used  for  manufacturing 
or  commercial  purposes,  hotels  and  lodging  houses,  at  least 
once  each  year,  for  the  purpose  of  determining  the  safety  of  such 
buildings,  the  facilities  for  egress  in  case  of  fire,  the  overloading 
of  floors,  the  storage  of  combustibles  or  other  dangerous  sub- 
stances, and  shall  apply  such  remedies  as  he  may  be  empowered 
to  apply.  In  the  performance  of  his  duties,  the  said  superin- 
tendent shall  have  the  right  to  enter  any  building  or  premises 
in  the  city  of  St.  Joseph.  [G.  0.  No.  88,  Sec.  5. 

SEC.  6.  Powers  of. — The  superintendent  of  buildings 
shall  have  full  discretionary  power  of  declaring  to  be  public 
nuisances,  all  such  buildings  and  structures,  or  parts  or  walls 
thereof,  as  are  evidently  or  palpably  unsafe  and  dangerous  as 
to  fire,  or  have  become  unsafe  and  dangerous  from  fire,  decay 
or  other  cause,  and  institute  such  steps  as  may  be  necessary 
for  the  immediate  abatement  of  any  and  all  such  nuisances. 
He  shall  have  power  to  stop  the  construction  of  any  building 
or  the  making  of  any  repair,  where  the  same  is  being  done  in 
violation  of  the  ordinances  of  the  city.  \_G.  O.  No.  88,  Sec.  6. 

SEC.   7.     Records  of  executive  department. — The 

records  of  the  department  shall  contain,  besides  a  register  of 
its  transactions,  a  report  of  all  violations  of  this  chapter,  in  the 
improper  construction,  alteration  or  repair  of  buildings,  or  in 
the  unsafe  condition  of  any  building,  either  from  improper 
construction  or  from  other  causes,  with  the  location,  names  of 
owners,  lessees,  occupants,  master  mechanic,  contractor  and 
architect  interested  in  the  construction  of  such  building  or  its 
occupancy,  and  in  case  of  fires,  a  record  of  the  probable  origin 
thereof.  Such  records  shall  be  open  for  inspection  and  infor- 
mation to  any  official  of  this  city.  [G.  O.  No.  88,  Sec.  7. 


264:  GENERAL  ORDINANCES. 


ARTICLE  II. 

PERMITS  BY  SUPERINTENDENT  OF  BUILDINGS. 

SECTION  SECTION 

1.  Building  permit  to  be  issued,  when.  \    Penalty  for  continuing  in  street,  etc. 

2.  Same  ;  plans  to  be  examined,  etc.  6.    Permits  to  be  issued  on  application, 

3.  Additions,  repairs,  etc.,  subject  to,  when. 

etc.  7.    Record  of  permits  to  be  kept. 

4.  Street  or  sidewalk  not  to  be  occu-  8.    Superintendent's    fees,     how    dis- 

pied,  etc.  posed  of. 

SECTION  1.     Building   permit  to   be  issued. —  No 

person  or  corporation  shall  erect  a  building  or  structure  of  any 
kind,  or  add  to,  enlarge  or  extend  any  building  or  structure 
already  erected,  or  which  may  hereafter  be  erected  within  this 
city,  without  first  obtaining  a  permit  from  the  superintendent 
of  buildings.  The  application  for  such  permit  shall  state  the 
exact  site  to  be  occupied,  the  material,  dimensions  and  estimated 
cost  of  the  proposed  building  or  structure,  and  the  probable 
time  to  be  occupied  in  building.  The  superintendent  of  build- 
ings shall  thereupon,  after  an  inspection  of  the  premises,  or 
without  inspection,  as  he  may  see  fit,  if  he  approve  the  appli- 
cation, issue  a  building  permit  to  the  applicant,  giving  him 
permission  to  erect  a  building  or  structure  at  the  place,  and  of 
the  materials  and  dimensions  mentioned  in  the  application, 
and  authorizing  the  use  and  occupation  of  not  more  than  one- 
half  of  the  roadway,  and  all  of  the  sidewalk  in  front  of  said 
premises,  and  limiting  the  time  for  which  said  permit  shall 
continue.  The  superintendent  of  buildings  may,  if  he  sees 
fit,  require  that  plans  of  the  proposed  erection,  alteration  or 
addition  shall  be  submitted  for  inspection  before  issuing  his 
permit.  The  gutter  or  water-way  of  any  street,  avenue  or 
alley  shall  not,  at  any  time,  be  obstructed  by  any  building  or 
other  material,  so  as  to  prevent  the  free  passage  of  water  in 
and  along  the  same  ;  but  the  superintendent  of  buildings  may, 
in  proper  cases,  to  be  determined  by  him,  authorize  the  removal 
of  a  part  or  the  whole  of  the  sidewalk  in  front  of  the  premises 
where  the  building  is  to  be  done  :  Provided,  a  good  temporary 


PERMITS  FOR  BUILDING.  265 

plank  sidewalk  shall  be  constructed  over  the  gutter,  not  less 
than  four  feet  wide,  and  be  kept  and  maintained  free  and  clear 
of  obstructions,  and  to  the  satisfaction  of  the  said  superinten- 
dent of  buildings.  [G.  0.  No.  100,  Sec.  1. 

SEC.  2.  Same — plans  to  be  examined. — The  super- 
intendent of  buildings  shall  not  issue  a  permit  for  the  erection 
of  any  building  to  be  used  for  public  assemblies,  until  he  has 
carefully  inspected  the  plans  and  specifications  thereof,  and 
ascertained  that  the  building  has  sufficient  strength,  and  that 
the  means  of  ingress  and  egress  are  sufficient  ;  and  a  copy  of 
said  specifications  shall  be  deposited  in  the  office  of  said  super- 
intendent. [G.  O.  No.  100,  Sec.  2. 

SEC.  3.  Additions  or  repairs,  etc. — Any  work  of 
alteration,  addition  or  repair  made  or  done  for  any  purpose, 
in,  to  or  upon  any  building  or  structure,  except  that  of  neces- 
sary repairs  not  affecting  the  construction  of  the  external  or 
party  walls,  chimneys  or  stairways  of  a  building,  shall,  to  the 
extent  of  such  work  of  alteration,  addition  or  repair,  be  sub- 
ject to  the  regulations  of  this  ordinance.  [G.  0.  No.  100, 
Sec.  3. 

SEC.  4.  Street  or  sidewalk  not  to  be  occupied 
with  material. — No  person,  except  merchants  in  the  tran- 
saction of  their  daily  business,  shall  deposit,  place  or  leave 
any  material,  article,  substance  or  thing  on  any  street,  alley, 
curb,  gutter,  sidewalk  or  public  place  of  this  city,  without  first 
obtaining  a  permit  therefor  from  the  superintendent  of  build- 
ings. The  said  superintendent  may,  in  his  discretion,  author- 
ize the  use  of  a  portion  of  any  street,  alley  or  sidewalk  for  a 
reasonable  time  and  to  such  extent  as  he  may  deem  necessary. 
[G.  O.  No.  100,  Sec.  4. 

SEC.  5.  Penalty  for  continuing,  etc. — A  conviction 
under  any  provision  of  this  ordinance,  shall  work  a  forfeiture  of 
such  permit,  if  the  same  shall  have  been  issued,  and  the  party 
convicted  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars 


266  GENERAL  ORDINANCES. 

nor  more  than  five  hundred  dollars  for  each  and  every  day  he 
shall  continue  such  building,  or  occupy  any  portion  of  a  street, 
alley,  gutter,  curb,  sidewalk  or  public  place,  or  leave  either 
unrepaired  after  such  conviction.  \_G.  O.  No.  100,  Sec,  7. 

SEC.   6.     Permits   to   be   issued    on   application, 

when. — Permits  provided  for  in  this  ordinance  shall  only  be 
issued  upon  the  application  of  the  owners  or  authorized  agents 
of  the  owners  of  the  property  to  be  built  upon.  Every  appli- 
cation shall  contain  an  agreement  to  save  the  city  harmless 
from  all  costs  and  damages  which  may  accrue  by  reason  of  such 
use  or  occupancy.  \_G.  0.  No.  100,  Sec.  8. 

SEC.   7.     Record  of  permits,  etc.,  to  be  kept.— 

The  superintendent  of  buildings  shall  keep  a  record  of  all  per- 
mits issued,  which  shall  be  regularly  numbered  in  the  order  of 
their  issue,  and  he  shall  also  file  and  preserve  in  his  office,  the 
applications  upon  which  permits  are  issued.  He  shall  also 
keep  a  record  of  the  number,  description  and  size  of  every 
building  erected  in  the  city  during  his  term  of  office,  of  what 
materials  constructed,  with  the  aggregates  of  the  number,  kind 
and  cost  of  all  buildings.  \_G.  O.  No.  100,  Sec.  9. 

SEC.   8.     Superintendent's  fees  —  how    disposed 

of. — The  applicant  or  applicants  for  such  building  permits 
shall  pay  to  the  superintendent  of  buildings  the  sum  of  one 
dollar,  if  the  estimated  cost  of  said  building  or  alteration 
thereof,  shall  be  less  than  one  thousand  dollars  ;  two  dollars 
if  the  same  shall  be  more  than  one  thousand  dollars  or  less 
than  five  thousand  dollars  ;  and  for  every  additional  one 
thousand  dollars  over  five  thousand  dollars,  the  further  sum 
of  fifty  cents.  In  all  cases  the  fees  allowed  for  issuing  per- 
mits must  be  paid  before  the  same  are  issued.  All  moneys 
received  by  the  superintendent  of  buildings  shall  be  paid  by 
him  into  the  city  treasury  at  least  once  a  month,  at  which  time 
he  shall  make  a  statement  of  the  amount  so  received,  giving 
the  date  when,  and  the  name  of  the  person  from  whom 


UNSAFE  BUILDINGS.  267 

received,  and  shall  take  triplicate  receipts  therefor,  one  to  be 
filed  with  the  comptroller,  one  with  the  auditor  and  the  other 
retained.  [G.  O.  No.  100,  Sec.  10. 

ARTICLE  III. 

UNSAFE  BUILDINGS. 

SECTION  SECTION 

1.  Owner  to  be  notified  of  condition  of  4.    Owner  to  be  reported  for  keeping  a 

building.  nuisance. 

2.  Must  be  removed  or  protected.  5.    Penalty  for  violating  this  article. 

3.  Proceedings  to  condemn  building.  6.    Duty  of  superintendent  as  to  dan- 

gerous buildings. 

SECTION  1.  Owner  to  be  notified  of  condition  of 
building. — If  any  building  or  part  of  a  building,  staging  or 
other  structure,  or  anything  attached  to  or  connected  with  any 
building  or  other  structure,  in  the  city  of  St.  Joseph,  shall,  by 
reason  of  its  construction  or  use,  or  from  fire,  decay,  or  other 
cause,  be  reported  dangerous  or  unsafe,  so  as  to  endanger 
life  or  limb,  it  shall  be  the  duty  of  the  superintendent  of  build- 
ings to  inspect  such  structure,  and,  if  in  his  opinion  the  same 
be  dangerous,  he  shall  immediately  notify  the  owner,  agent, 
occupant  or  other  party  having  an  interest  in  said  structure, 
to  cause  the  same  to  be  made  safe  and  secure,  or  removed, 
as  may  be  necessary.  [G.  0.  No.  101,  Sec.  1. 

SEC.   2.     Must  be   removed   or   protected.  —  The 

person  or  persons  so  notified  shall  be  allowed  until  twelve 
o'clock,  noon,  of  the  day  following  the  service  of  such  notice, 
in  which  to  commence  the  securing  or  removal  of  the  same  ; 
and  he  or  they  shall  employ  sufficient  labor  to  remove  or  secure 
the  same  as  expeditiously  as  can  be  done  :  Provided,  however, 
that  in  cases  where  the  public  safety  requires  immediate  action, 
the  superintendent  of  buildings  may  enter  upon  the  premises, 
with  such  workmen  and  assistants  as  may  be  necessary,  and 
cause  the  said  unsafe  structure  to  be  shored  up,  taken  down  or 
otherwise  secured  without  delay,  and  a  proper  fence  or  board- 
ing to  be  put  up  for  the  protection  of  passers-by.  \_G.  O. 
No.  101,  Sec.  2. 


268  GENERAL  ORDINANCES. 

SEC.  3.     Proceedings    to   condemn   buildings. — 

If  the  owner,  agent,  occupant  or  other  party  interested  in  said 
unsafe  structure,  having  been  notified,  shall  refuse  or  neglect 
to  comply  with  the  requirements  of  said  notice,  as  provided  by 
the  last  preceding  section,  within  the  time  therein  limited, 
then  a  careful  survey  of  the  premises  named  in  said  notice 
shall  be  made  at  once  by  three  disinterested  persons,  one  to  be 
appointed  by  the  superintendent  of  buildings,  one  by  the 
owner,  occupant  or  other  interested  party,  and  the  third 
chosen  by  these  two  ;  and  the  report  of  such  survey  shall  be 
reduced  to  writing,  and  a  copy  served  upon  the  owner,  occu- 
pant or  other  interested  party,  and  if  said  owner,  occupant  or 
other  interested  party  refuse  or  neglect  to  appoint  a  member  of 
said  board  of  survey  when  thereunto  required,  then  the  survey 
and  report  shall  be  made  by  the  city  engineer  and  the  chief 
engineer  of  the  fire  department,  and  in  case  of  disagreement 
they  shall  choose  a  third  person.  [Cr.  O.  No.  101,  Sec.  3. 

SEC.  4.     Owner  to  be   reported   for   keeping   a 

nuisance. — Whenever  the  report  of  any  such  survey  had  as 
aforesaid,  shall  declare  the  structure  to  be  unsafe  or  danger- 
ous to  life  or  limb,  the  superintendent  of  buildings  shall,  upon 
the  continued  refusal  or  neglect  of  the  owner,  occupant  or 
other  interested  party,  report  such  owner,  occupant  or  other 
interested  party  to  the  city  attorney  for  immediate  prosecution 
for  keeping  and  maintaining  a  nuisance.  [Cr.  O.  No.  101, 
Sec.  4. 

SEC.  5.  Penalty  for  violating,  etc. — Any  person 
who  shall  permit  any  building  of  which  he  is  the  owner  or 
agent,  to  remain  in  an  unsafe  or  dangerous  condition  after 
notice  from  the  superintendent  of  buildings,  as  hereinbefore 
provided,  shall,  for  every  day  he  shall  so  permit  the  same  to 
remain  in  such  condition  be  guilty  of  a  misdemeanor,  and  for- 
feit and  pay  to  the  city  of  St.  Joseph,  a  sum  which  shall  not 
exceed  one  hundred  dollars,  to  be  recovered  in  the  police 
court  of  said  city,  and  he  may  also  be  punished  in  addition 


UNSAFE  BUILDINGS. 

thereto  by  imprisonment  in  the  city  prison  or  workhouse  for  a 
term  not  exceeding  three  months.  Upon  such  trial  and  con- 
viction the  judgment  in  addition  to  the  punishment  hereinbe- 
fore provided  for,  shall  be  that  the  structure  complained  of 
shall  be  abated  as  a  nuisance,  and  that  the  same  shall  be  by 
the  chief  of  police  either  taken  down  or  properly  secured,  and 
a  writ  shall  issue  upon  such  judgment  directed  to  the  chief  of 
police  of  said  city  of  St.  Joseph,  directing  him  forthwith  to 
proceed  to  abate,  take  down  or  otherwise  secure  such  structure 
so  as  to  make  it  safe  and  secure.  All  expenses  incurred  in  the 
execution  of  such  writ  of  abatement  of  any  nuisance  on  any 
private  property  within  the  city  of  St.  Joseph,  shall  be  by  said 
chief  of  police  duly  itemized,  stated  and  returned  with  said 
writ  of  abatement  to  the  city  engineer,  who  shall  thereupon 
assess  the  same  as  a  special  tax  against  the  lot  or  lots,  or  par- 
cels of  ground  upon  which  such  nuisance  was  located, 
describing  the  property  and  the  owner  thereof,  and  shall  issue 
a  special  tax  bill  therefor  against  such  property  in  the  same 
manner  and  with  the  same  effect  as  special  tax  bills  are  issued 
for  paving.  [G.  O.  No.  101,  Sec.  5.  Amended  G.  0.  No.  333. 

SEC.  6.  Duty  of  Superintendent  as  to  danger- 
ous building. — If  any  building  in  the  city  of  St.  Joseph 
shall  appear,  upon  examination  by  the  superintendent  of  build- 
ings, to  be  especially  dangerous  to  life  and  limb  by  reason  of 
insufficient  thickness  of  walls,  overloaded  floors,  defective  con- 
struction or  other  causes,  such  building  shall  be  held  and  taken 
to  be  dangerous,  within  the  meaning  of  and  subject  to  all  of 
the  provisions  of  this  ordinance  ;  and  the  superintendent  of 
buildings,  besides  proceeding  as  hereinbefore  provided,  may 
affix  a  notice  of  the  dangerous  character  of  the  structure  to  a 
conspicuous  place  on  the  exterior  wall  of  said  building.  Any 
person  or  persons  removing  such  notice  so  affixed,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  not  less  than  twenty  dollars  nor  more  than  five 
hundred  dollars  for  each  and  every  offense.  [G.  O.  No.  101, 
Sec.  6. 


270 


GENERAL  ORDINANCES. 


ARTICLE  IY. 


CONSTRUCTION  OF  BUILDINGS. 


SECTION 

1.  Wall,  structure  and  building,  etc. 

2.  Foundation  to  be  of  masonry. 

3.  Walls  to  be  anchored. 

4.  Buildings  outside  of  fire  limits. 

5.  Walls  within  the  fire  limits,  how 

constructed. 

6.  Roofs  to  be  of  tin  or  slate. 

7.  Chimneys  and  flues,  how  built. 

8.  Buildings,  to  be  of  incombustible 

materials. 

9.  Walls  to  be  protected,  how. 

10.  Wooden    buildings    authorized    by 

superintendent. 

11.  Frame  buildings ;  basement  walls. 

12.  Superintendent  to  inspect  buildings 

being  erected. 


SECTION 

13.  Height  of  stories  on  given  thick- 

ness of  walls. 

14.  Thickness  of   walls   for   business 

buildings. 

15.  Existing  party  walls  may  be  used, 

when. 

16.  The  term  "  business  building  "  de- 

nned. 

17.  The  term  "wholesale  stores"  de- 

nned. 

18.  The  "  basement  story  "  defined. 

19.  The  height  of  buildings  taken  from 

what  point. 

20.  Red  light  at  obstruction ;  passway. 

21.  Penalty. 


SECTION  1.     Wall,  structure  and  building,  etc.— 

No  wall,  structure,  building,  part  or  parts  thereof,  shall  here- 
after be  built,  constructed,  altered  or  repaired,  except  in  con- 
formity with  the  provisions  of  this  ordinance.  [G.  O.  No. 
103,  Sec.  1. 

SEC.  2.  Foundations  to  Ibe  of  masonry. — Proper 
foundations  of  masonry  shall  be  prepared  for  the  support  of 
buildings.  Business  buildings  fronting  streets  having  sewers, 
shall  have  their  foundations  sunk  at  least  twelve  inches  below 
the  drainage,  and  no  foundation  shall  be  less  than  three  feet 
below  the  exposed  surface  of  the  ground.  The  breadths  of 
foundation  of  the  several  parts  of  any  building,  shall  be  pro- 
portioned so  that  the  pressure  shall,  as  nearly  as  practicable, 
be  equal  on  each  square  of  the  foundation.  [G.  O.  No.  103, 
Sec.  2. 

SEC.  3.  Walls  to  be  anchored. — In  brick  walls  every 
seventh  course  shall  be  headers.  Walls  shall  be  securely 
anchored  at  the  top  of  each  story.  All  floor-beams,  joists  and 
headers  shall  be  kept  at  least  two  inches  clear  of  any  wall 
enclosing  afire  flue  or  chimney  breast.  [G-.  0.  No.  103,  Sec.  3. 


CONSTRUCTION  OF  BUILDINGS.  271 

SEC.  4.     Buildings   outside   of   fire   limits.  —  All 

buildings  erected  outside  of  the  fire  limits  shall  be  constructed 
of  materials  suitable  for  the  purpose,  and  in  a  safe  and  work- 
manlike manner.  \_G.  0.  No.  103,  Sec.  4~ 

SEC.  5.  Walls  within  the  fire  limits,  how  con- 
structed.— No  building  or  structure  of  any  kind  or  descrip- 
tion, except  as  hereinafter  provided,  shall  be  erected  or 
constructed  within  the  fire  limits,  unless  both  the  outside  and 
party  walls  thereof  shall  be  composed  of  brick,  stone,  iron  or 
other  incombustible  material  ;  and  all  buildings  which  shall, 
or  may  hereafter  be  erected  or  constructed  within  said  fire 
limits,  shall  have  outside  walls  of  not  less  than  thirteen  inches 
in  thickness  ;  and  if  any  building  shall  be  more  than  two 
stories  in  height  above  the  basement,  the  outside  walls  of  the 
basement  shall  not  be  less  than  eighteen  inches  in  thickness  ; 
the  outside  walls  of  the  first  story  shall  not  be  less  than  thirteen 
inches  in  thickness,  and  the  walls  of  the  stories  above  shall  not 
be  less  than  thirteen  inches  in  thickness  :  Provided,  that 
buildings  erected  and  used  as  dwellings  only,  may  be  constructed 
with  walls  four  and  one-half  inches  less  in  thickness  than  is 
hereby  above  specified  ;  and  provided  further,  that  any  build- 
ing, cottage  or  barn  one  story  in  height,  may  be  built  with  walls 
not  less  than  nine  inches  thick.  \G.  O.  No.  103,  Sec.  5. 

i 
SEC.   6.     Roofs  to  be  of  tin  or  slate. — All  roofs  of 

buildings  erected  or  constructed  for  business  purposes  within 
the  fire  limits,  shall  be  of  tin,  slate  or  some  other  non-combus- 
tible material.  [G.  O.  No.  103,  Sec.  6. 

SEC.  7.     Chimneys    and    flues  —  how    built. —  All 

chimneys  shall  be  built  of  brick,  stone  or  other  fire-proof,  non- 
conducting material.  All  brick  flues  shall  be  smoothly  plastered 
inside  with  mortar,  from  top  to  bottom,  and  all  flues  shall  be 
not  less  than  nine  inches  square  on  the  inside.  Brick  flues 
not  starting  from  the  foundation  walls,  shall  be  securely  built 
into  the  brick  work  of  the  walls  to  which  they  are  hung.  In 


272  GENERAL  ORDINANCES. 

no  case  shall  chimneys  rest  upon  any  flooring  without  a  footing 
of  masonry  or  iron,  supported  by  iron  beams  having  a  secure 
bearing  on  masonry  or  iron  at  either  end.  All  flues  shall  be 
topped  out  at  least  three  and  one-half  feet  above  the  building 
to  which  they  belong.  [G.  O.  No.  103,  Sec.  7. 

SEC.  8.     Buildings  to  be  of   incombustible  mar 

terial. — In  any  buildings  more  than  two  stories  in  height 
hereafter  to  be  erected  as  a  tenement  house  or  lodging  house, 
in  which  the  lower  part  is  intended  to  be  used  for  business  or 
manufacturing  purposes  of  any  kind,  the  hall  partitions  from 
the  cellar  to  the  second  floor  shall  be  built  of  brick  or  stone, 
or  other  incombustible  material.  \_O.  0.  No.  103,  Sec.  8. 

SEC.  9.  Walls  to  be  protected. — All  walls  of  build- 
ings hereafter  to  be  erected  on  the  line  of  lots  between  different 
owners,  not  extending  down  below  the  curb  level  upon  the 
streets  where  said  buildings  are  erected,  to  the  depth  of  nine 
feet  to  the  bottom  of  footings,  for  business  houses,  shall  be 
underpinned,  sustained  and  protected  at  the  entire  charge  and 
cost  of  the  owner  or  owners  thereof  :  Provided,  however,  that 
it  shall  be  the  duty  of  the  adjoining  owner  or  owners  wishing 
to  sink  their  cellars  or  walls  to  a  greater  depth  than  those 
adjoining,  to  give  timely  written  notice  to  the  owner  or  owners 
of  prior  erected  buildings  of  their  intention  to  do  so,  and  shall 
also  permit  the  occupancy  of  their  ground  to  so  protect  and 
underpin  the  said  walls,  building  or  buildings  ;  but  in  all  cases 
where  the  former  walls  have  been  down  the  depth  as  above 
specified,  and  then  in  that  case  parties  building  upon  the 
adjoining  lots  and  excavating  their  cellars  to  a  greater  depth 
than  above  named,  shall  at  their  own  cost  and  expense,  use 
all  proper  care  to  underpin,  sustain  and  protect  the  former 
erected  walls  or  buildings.  [G.  O.  No.  103,  Sec.  9. 

SEC.  10.     Wooden  buildings,  etc.,  authorized  by 

superintendent. —  No    frame    or   wooden    building,    shed, 
exterior   stairway,   stoop,   balcony,   piazza,   platform   or  other 


CONSTRUCTION  OF  BUILDINGS.  273 

structure  in  whole  or  in  part  of  wood,  inside  the  fire  limits, 
shall  be  erected,  except  the  same  be  open  on  one  or  more  sides, 
and  the  same  be  authorized  by  the  superintendent  of  buildings, 
under  his  certificate,  to  be  first  obtained  therefor.  [6r.  O.  J\o. 
103,  Sec.  10. 

SEC.   11.     Frame   building  —  basement    walls.  - 

Any  frame  building  may  be  raised  for  the  purpose  of  construct- 
ing a  basement  story  under  such  building.  The  principal 
floor  of  such  building  shall  not  be  elevated  more  than  eight 
feet  above  the  grade  of  the  sidewalk.  The  walls  enclosing 
basement  shall  be  of  brick  or  stonework  ;  if  of  brick,  if  the 
superstructure  is  only  one  story  high,  the  walls  shall  not  be 
less  than  nine  inches  thick  ;  if  two  stories  high,  the  walls  shall 
be  thirteen  inches  thick.  If  the  building  to  be  raised  is  a 
church  or  other  hall  or  assembly  room,  the  thickness  of  the 
basement  walls  shall  be  proportioned  to  its  length  and  other 
conditions,  to  be  approved  by  the  superintendent  of  buildings. 
[G.  0.  No.  103,  Sec.  11. 

SEC.  12.  Superintendent  to  inspect  buildings 
being  erected. — It  shall  be  the  duty  of  the  superintendent 
of  buildings  to  visit  and  inspect  each  and  any  building  or 
buildings  which  may  be  in  the  course  of  erection,  construction 
or  alteration  within  the  limits  of  the  city,  and  to  see  that  such 
house  or  houses,  or  building  or  buildings  are  being  erected  or 
altered  according  to  the  provisions  of  this  ordinance.  His 
visits  and  inspections  shall  be  repeated  from  time  to  time  dur- 
ing the  erection,  construction  or  alteration  of  such  house  or 
houses,  building  or  buildings,  until  the  same  is  enclosed,  when 
his  duties  shall  terminate.  [G.  0.  No.  103,  Sec.  12. 

SEC.  13.  Height  of  stories  on  given  thickness  of 
walls. — The  height  of  stories  for  all  given  thickness  of  walls 
must  not  exceed  eleven  feet  in  the  clear  for  basement, 
eighteen  feet  in  the  clear  for  first  story,  fifteen  feet  in  the  clear 
for  second  story,  thirteen  feet  in  the  clear  for  third  story, 
twelve  feet  in  the  clear  for  fourth  story  and  fourteen  feet  in 

18 


274 


GENERAL  ORDINANCES. 


the  clear  average  height  of  upper  story.  If  any  story  exceeds 
these  heights  respectively,  the  walls  of  such  story  and  of  all 
the  stories  below  the  same,  bhall  be  increased  four  inches  in 
thickness  additional  to  the  thickness  already  mentioned. 
[G.  O.  No.  103,  Sec.  14.  Amended  G.  0.  No.  125. 

SEC.  14.  Thickness  of  walls  for  business  build- 
ings.— In  accordance  with  the  foregoing  provisions,  all  walls 
for  business  buildings  shall  be  of  the  thickness  designated  in 
the  following  table: 


x 

Basement. 
Inches. 

co 

<x> 

£« 

S3 

£B 

1 

9q 

Second  story. 
Inches. 

cc 
.   <D 

fc"§ 
§^ 

1 

j3 

•  oo 

^£ 

3| 

CD     C 

J3  t~( 

5 

0 

z< 

Fifth  story. 
Inches. 

Sixth  story. 
Inches. 

Seventh  story. 
Inches.  1 

ENCLOSING  WALLS. 

B 

1 

2 

3 

4 

5 

6 

7 

One  story  high.       .             .       ... 

13 

9 

Two  stories  high  

18 

13 

13 

Three  stories  high  .        

18 

18 

13 

13 

Four  s'ories  high  

26 

994 

18 

18 

13 

Five  stories  high  

80 

96 

994 

18 

18 

13 

Six  stories  hiuh  

30 

96 

994 

18 

18 

13 

is 

Seven  stories  high 

30 

26 

26 

22* 

18 

18 

13 

13 

DIVISION  WALLS  IN  BUSINESS  BUILDING. 

Three  story  buildings  

18 

13 

13 

13 

Four  story  buildings  

994 

18 

18 

13 

13 

Five  story  buildings  

96 

994 

18 

18 

13 

13 

Six  story  buildirgs 

26 

22  1 

22A 

18 

18 

13 

13 

Seven  story  buildings 

30 

26 

22* 

22* 

18 

18 

13 

13 

FRONT  AND  REAR  WALLS. 
Four  story  buildings  

18 

18 

13 

13 

Five  story  buildings  . 

oof 

22A 

18 

18 

13 

13 

Six  story  buildings  

30 

96 

?,?4 

18 

18 

13 

13 

Seven  story  buildings  . 

30 

96 

2? 

99* 

w 

18 

18 

13 

PARTITION  WALLS  IN  BUSINESS  BUILDING. 

For  one  story 

'13 

q 

For  two  stories 

18 

13 

13 

For  three  stories 

18 

13 

13 

13 

For  four  stories               .    .    . 

994 

18 

18 

13 

13 

For  five  stories 

96 

994 

18 

18 

18 

13 

For  six  stories      .    . 

30 

96 

994 

18 

18 

13 

13 

For  seven  stories  

30 

26 

26* 

22£ 

22£ 

18 

18 

13 

[G.  0.  No.  103,  Sec.  15.      Amended  G.  O.  No.  125.     Amended 
G.  O.  No.  131. 


CONSTRUCTION  OF  BUILDINGS.  275 

SEC    15.     Existing  party  wall  may  be  used.  — Any 

party  wall  now  existing  that  shall  have  been  built  conformable 
to  the  requirements  of  any  law  regulating  the  construction  of 
such  walls,  and  in  force  at  the  time  of  such  construction,  if 
sound  and  in  good  condition,  may  be  used  in  the  construction 
of  any  adjoining  building:  Provided,  however,  that  no  brick 
work  shall  be  placed  on  such  wall  to  give  additional  height  to 
the  wall,  unless  the  thickness  of  such  additional  wall  and  the 
thickness  of  the  old  wall  in  each  story  shall  at  least  equal  the 
thickness  required  for  division  walls  of  snme  height  for  busi- 
ness buildings  as  required  for  division  walls.  This  section  shall 
apply  in  all  cases  where  it  is  desired  to  add  additional  height 
to  any  business  building.  In  case  of  outside  walls  of  any 
business  building  being  built  against  the  wall  of  any  old 
building  (not  being  a  party  wall),  the  new  wall  shall  be  of  the 
same  thickness  as  required  for  outside  walls  in  such  building. 
[G.  0.  No.  103,  Sec.  16.  Amended  G.  0.  No.  125. 

SEC.   16.     The  term  "business  building"  defined. 

—The  term  "business  building"  shall  embrace  all  buildings 
used  principally  for  business  purposes,  thus  including,  among 
others,  hotels,  theaters  and  office  buildings.  [G.  O.  No.  103, 
Sec.  17.  Amended  G.  O.  No.  125. 

SEC.   17.     The  term  "wholesale  stores"  defined. 

—The  terms  "wholesale  stores"  or  "storehouses"  shall  embrace 
all  buildings  used  (or  intended  to  be  used)  exclusively  for  pur- 
poses of  mercantile  business  or  storage  of  goods.  \_G.  O.  No. 
103,  Sec.  18.  Amended  G.  O.  No.  125. 

SEC.  18.  The  "basement  story"  defined. —  A  base- 
ment story  of  any  building  is  defined  as  a  story  whose  floor  is 
twelve  inches  or  more  below  the  sidewalk,  and  whose  height 
does  not  exceed  twelve  feet  in  the  clear  ;  all  such  stories  that 
exceed  twelve  feet  high  shall  be  considered  as  first  stories. 
[G.  O.  No.  103,  Sec.  19.  Amended  G.  O.  No.  125. 


276  GENERAL  ORDINANCES. 

SEC.  19.  The  height  of  buildings  taken  from 
what  point. — The  height  of  all  buildings  for  the  purposes  of 
this  ordinance  shall  be  taken  from  the  grade  of  sidewalk  to  a 
point  half  way  from  the  lowest  to  highest  point  of  roof. 
[G.  O.  No.  103,  Sec.  20.  Amended  G.  O.  No.  125. 

SEC.  20.     Red   light   at  obstruction — passway.— 

Any  person  having  the  use  of  any  portion  of  the  street  or  side- 
walk for  the  purpose  of  erecting  or  repairing  any  building,  or 
for  any  other  purpose,  shall  cause  a  red  light  to  be  placed  in 
a  conspicuous  place  in  front  of  such  obstruction  from  sunset 
until  sunrise  each  night  during  the  time  such  obstruction 
remains.  A  sidewalk  or  passage  way  at  least  four  feet  wide 
shall  be  kept  in  front  of  any  new  building,  as  far  as  is  practi- 
cable, making  allowance  for  the  proper  handling  of  any  mate- 
rial to  be  used  in  or  about  such  building.  [G.  0.  No.  103, 
Sec.  22.  Amended  G.  O.  No.  125. 

SEC.  21.  Penalty. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance,  where  no  other  penalty  is 
provided,  shall  be  subject  to  a  fine  of  not  less  than  ten  dol- 
lars nor  exceeding  one  hundred  dollars  for  each  and  every 
offense.  [G.  O.  No.  103,  Sec.  24.  Amended  G.  0.  No.  125. 

ARTICLE    V. 

REMOVAL  OF  BUILDINGS. 

SECTION  SECTION. 

1.  House  mover,  license  for.  3.    Permit  required;  by  whom  issued. 

2.  To  give  bond. 

SECTION  1.  House  mover.  --No  person  except  a 
licensed  house  mover  shall  remove  any  building  within  the 
limits  of  the  city  of  St.  Joseph,  without  a  license  therefor  from 
said  city,  and  every  such  person  shall  annually,  before  engag- 
ing in  such  business  or  occupation,  obtain  a  license  therefor 
from  said  city,  and  the  charge  for  such  license  shall  be  ten 
dollars  per  year.  [G.  O.  No.  441,  Sec.  Jfi. 


REMOVAL  OF  BUILDINGS — NUMBERING.  277 

SEC.  2.  To  give  bond. — Every  person  applying  for  a 
license  as  a  house  mover  shall,  at  the  time  such  license  is 
issued,  enter  into  bond  with  the  city  of  St.  Joseph,  in  the  sum 
of  five  hundred  dollars,  with  two  or  more  good  and  sufficient 
securities,  residents  of  said  city,  conditioned  that  the  licensee 
will  save  and  indemnify,  and  keep  harmless  the  city  of  St. 
Joseph,  from  all  liabilities,  judgments,  damages,  costs  and 
expenses  which  may  in  anywise  accrue  against  said  city  in 
consequence  of  the  granting  of  such  license,  and  the  exercise 
of  said  calling  or  business  ;  said  bond  to  be  approved  by  the 
city  comptroller  and  filed  with  the  city  auditor.  [G.  0.  No. 
441,  Sec.  48. 

SEC.   3.     Permits  required — by  whom  issued.— 

It  shall  be  the  duty  of  the  superintendent  of  buildings  to  issue 
a  permit  for  each  building  removed  to  such  licensed  house 
mover,  on  application,  to  use  the  streets,  avenues  and  alleys 
of  said  city,  for  the  purpose  of  removing  such  building  ;  said 
permit  to  be  issued  on  the  express  condition  that  said  streets, 
avenues  and  alleys  shall  not  be  obstructed  more  than  is  abso- 
lutely necessary  in  the  prosecution  of  said  work,  and  that  all 
damages  done  to  public  or  private  property  by  said  licensee, 
will  be  paid  by  him  as  provided  in  his  bond,  and  the  charge 
for  such  permit  shall  be  one  dollar.  [G.  0.  No.  44^1  $ec>  49- 

[For  penalty  for  violating  this  Article  see  Sec.  20,  Chap, 
entitled  "licenses."] 

ARTICLE  VI. 
NUMBERING  OF  BUILDINGS. 

SECTION  SECTION 

1.    Superintendent  of  buildings  to  give  2.    Plan  for  numbering  buildings, 

house  numbers. 

SECTION  1.     Duty  of  superintendent  to  give  house 

numbers. — It  is  hereby  made  the  duty  of  the  superintendent 
of  buildings,  upon  application  from  any  person  within  the  city 
limits,  to  give  the  correct  number  for  any  house  or  building 


278  GENERAL  ORDINANCES. 

located  on  any  lot,  the  exact  location  of  which  is  given.  Said 
officer  shall  use  due  care  and  diligence  in  the  giving  of  said 
numbers,  but  shall  not  be  held  responsible  for  any  errors  which 
may  occur.  [G.  0.  No.  1$7 ,  Sec.  1. 

SEC.  2.  Plan  for  numbering  buildings. —  Felix 
street  is  the  dividing  line  east  and  west,  and  the  numbers  are 
called  north  or  south  from  that  street,  depending  on  the  location 
of  the  building,  whether  north  or  south  of  that  street. 

First  street,  commonly  known  as  Main  street,  is  the  divid- 
ing line  north  and  south,  and  the  numbers  are  called  east  or 
west  from  that  street,  depending  on  whether  the  building  is 
east  or  west  from  that  street. 

All  buildings  fronting  on  the  east  side  of  streets  running 
north  and  south  have  odd  numbers,  and  all  buildings  on  the 
west  side  of  such  streets  have  even  numbers.  All  buildings 
on  the  north  side  of  streets  running  east  and  west  have  odd 
numbers,  and  all  buildings  on  the  south  side  of  such  streets 
have  even  numbers. 

Each  twenty  feet,  beginning  at  the  corner  of  Felix,  and 
any  street  running  north  and  south,  is  entitled  to  a  number  if 
the  lots  are  divisible  by  twenty  ;  if  divisible  by  twenty-five, 
each  twenty-five  feet  is  entitled  to  a  number. 

There  can  be  no  number  less  than  one  hundred,  and  in 
starting  from  Felix  street  either  north  or  south,  on  the  west 
side  of  the  streets  running  north  and  south,  the  first  twenty 
feet  fronting  on  the  west  side  of  such  streets  must  have  the 
number  one  hundred  and  two  ;  the  next  twenty  feet  one  hun- 
dred and  four  ;  the  next  one  hundred  and  six,  and  so  on  north 
and  south  from  Felix. 

The  same  plan  must  be  carried  out  on  the  east  side  of 
such  streets,  except  that  the  first  twenty  feet  must  have  the 
number  one  hundred  and  one,  the  next  one  hundred  and  three, 
and  so  on  north  and  south  from  Felix  through  the  first  block 
north  or  south  of  Felix. 


NUMBERING  OF  BUILDINGS — CHIMNEY  SWEEP.  279 

The  second  block,  either  north  or  south  from  Felix  street, 
on  the  west  side,  must  begin  with  two  hundred  and  two  for 
the  first  twenty  feet,  two  hundred  and  four  for  the  second 
twenty  feet,  and  so  on  ;  on  the  east  side  with  two  hundred  and 
one  for  the  first  twenty  feet,  two  hundred  and  three  for  the 
second  twenty  feet,  and  so  on,  increasing  one  hundred  at  the 
beginning  of  each  block  on  to  the  city  limits. 

The  same  general  plan  must  be  carried  out  on  buildings 
east  or  west  from  Felix  street,  the  north  and  south  dividing 
line.  [R.  O.  1888,  Chap.  70,  Sec.  11. 

CHAPTER  XYI. 
CHIMNEY  SWEEP. 

SECTION  SECTION 

1.  Office  created.  4.    Defective  flue  to  be  repaired. 

2.  Appointment ;  term  ;  bond.  5.    Chimneys  to  be  cleaned. 

3.  Duties ;  compensation. 

SECTION  1.     Office  of  chimney  sweep  created.— 

There  is  hereby  created  the  office  of  chimney  sweep.      [jR.  O. 
1888,  Chap.  13,  Sec.  1. 

SEC.  2.     Appointment — term   of    office — bond.— 

At  the  first  stated  session  of  the  common  council  every  two 
years,  it  shall  be  the  duty  of  the  mayor  to  appoint,  by  and 
with  the  advice  and  consent  of  the  common  council,  some 
suitable  person  to  fill  the  office  of  chimney  sweep,  who  shall 
hold  his  office  for  the  term  of  two  years,  and  until  his  successor 
is  appointed  and  qualified.  Said  chimney  sweep  shall,  before 
entering  upon  his  duties  as  such  officer,  execute  a  bond  to  the 
city  of  St.  Joseph,  with  surety  to  be  approved  by  the  comp- 
troller, in  the  penal  sum  of  one  hundred  dollars,  conditioned 
for  the  faithful  performance  of  his  duties  as  prescribed  in  this 
ordinance,  or  as  may  hereafter  be  defined  by  ordinance.— 
[E.  O.  1888,  Chap.  13,  Sec.  2.  Amended  ~hy  G.  0.  No.  399. 
SEC.  3.  Duties  —  compensation.  —  It  shall  be  the 
duty  of  the  chimney  sweep  to  sweep  and  clean  in  a  faithful 
manner,  once  in  each  year,  all  chimneys  within  the  limits  of 
the  city  which  have  been  in  use  at  least  six  months  prior  to 


280  GENERAL  ORDINANCES. 

the  date  of  such  cleaning,  and  he  shall  be  allowed  to  his  own 
use  for  said  cleaning  and  removing  from  the  premises  the  soot, 
dirt  or  other  matter  taken  out  of  said  chimneys,  the  following 
rates,  to  be  paid  by  the  owner  of  the  building,  viz:  For  clean- 
ing each  chimney  as  aforesaid,  in  a  one  story  house,  the  sum 
of  twenty-five  cents  ;  for  cleaning  each  chimney,  as  aforesaid, 
in  a  two  story  house,  the  sum  of  fifty  cents  ;  for  cleaning  each 
chimney,  as  aforesaid,  in  a  three  story  house,  the  sum  of  sev- 
enty-five cents  ;  for  cleaning  each  chimney,  as  aforesaid,  in  a 
four  story  house,  the  sum  of  one  dollar,  and  twenty-five  cents 
for  each  additional  story.  [E.  O.  1888,  Chap.  13,  Sec.  3. 

SEC.  4.  Defective  flues  to  be  repaired. — It  shall 
be  the  duty  of  the  chimney  sweep,  wherever  he  shall  have 
knowledge  of  a  defective  flue  in  any  building  in  this  city,  to 
report  the  same,  without  delay  to  the  superintendent  of  build- 
ings ;  and  the  said  superintendent  of  buildings  is  hereby 
authorized  and  required  to  notify,  in  writing,  the  owner  of  .such 
building  of  the  existence  of  such  flue,  and  to  have  the  same 
repaired  or  remedied  without  delay  ;  and  if  such  owner  fail  or 
neglect  to  repair  or  remedy  such  defect  within  twenty-four 
hours  after  receiving  such  notice,  he  shall  be  liable  to  a  fine  of 
not  less  than  twenty  dollars  nor  more  than  one  hundred  dollars, 
and  to  a  like  fine  for  each  and  every  day  the  same  shall  remain 
unrepaired.  [E.  0.  1888,  Chap.  13,  Sec.  4. 

SEC.  5.  Chimneys  to  be  cleaned. —  It  is  hereby 
made  the  duty  of  the  owner  or  occupant  of  any  building  within 
the  limits  of  the  city,  to  have  the  chimneys  and  flues  of  any 
such  building  swept,  cleaned  and  the  soot,  dirt  and  other 
matter  taken  out  of  said  chimneys  and  flues,  and  removed  from 
the  premises  by  the  chimney  sweep  at  least  once  in  each  year  ; 
any  owner  or  occupant  of  a  building  who  shall  refuse  or  fail 
to  have  the  chimneys  and  flues  of  such  building  cleaned  by 
the  chimney  sweep,  as  required  of  him  in  section  two  of  this 
ordinance,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  subject  to  a  fine  of  not  less  than  five  dollars 
nor  more  than  ten  dollars,  [E.  O.  1888,  Chap.  13,  Sec.  5. 


CITY  CLERK.  281 


CHAPTER   XVII. 

CLERK— CITY  CLERK. 

SECTION  SECTION 

1.  General  duties.  6.    To  be  custodian  of  laws  and  ordin- 

2.  To  keep  a  record  of  proceedings.  ances. 

3.  Copies  of  papers   to  be  furnished,  7.    Shall  deliver  laws  and  ordinances 

fees  for.  to  whom. 

4.  Shall  endorse  papers  filed.  8.    Clerk  may  sell  copies,  proceeds  to 

5.  May  appoint  deputy.  be  deposited  with  treasurer. 

SECTION  1.  General  Duties. — It  shall  be  the  duty  of 
the  city  clerk,  in  addition  to  the  duties  imposed  upon  him  by 
the  general  laws  of  the  state  of  Missouri  : 

First.  To  permit  no  records,  public  papers  or  other 
documents  of  the  city,  kept  and  preserved  in  his  office,  to  be 
taken  therefrom,  except  by  such  ^officers  of  the  city  as  may  be 
entitled  to  the  use  thereof,  and  then  only  upon  their  leaving 
a  receipt  therefor. 

Second.  To  attest  all  ordinances  and  all  signatures  of 
the  mayor  when  necessary,  affix  the  seal  of  the  city  to  all 
documents  requiring  the  same,  and  to  sign  all  resolutions 
adopted  by  the  common  council. 

Third.  To  prepare  all  commissions  of  officers  which  the 
mayor  is  required  to  sign,  and  to  countersign  the  same  and 
affix  the  seal  of  the  city  thereto. 

Fourth.  To  keep  a  complete  record  of  all  commissions 
issued,  and  of  the  official  oaths  and  bonds  of  all  city  officers. 

Fifth.  To  cause  the  ordinances  and  an  abstract  of  all 
council  proceedings  to  be  published,  as  required  by  the  general 
laws  of  the  state  of  Missouri,  or  ordered  by  the  common 
council,  and  to  examine  and  correct  the  proof  thereof.  \_R.  O. 
1888,  Chap.  14,  Sec.  1. 

SEC.   2.     To  keep  a  record  of  proceedings. — The 

city  clerk  shall  record  all  resolutions  and  ordinances  passed  by 
the  common  council  which  shall  become  laws,  and  all  petitions 


282  GENERAL  ORDINANCES. 

under  which  the  common  council  shall  order  public  work  to  be 
done  at  the  expense  of  the  property  fronting  thereon.  Such 
records  of  resolutions,  ordinances,  petitions,  and  the  record  of 
the  proceedings  of  the  common  council,  shall  be  properly 
indexed  by  the  clerk.  [R.  O.  1888,  Chap.  1^  Sec.  2. 

SEC.   3.     Copies  of  papers  to  be  furnished — fees 

for. — The  city  clerk  shall  not  be  obliged  to  furnish  written 
copies  of  ordinances  or  other  papers  for  the  use  of  any  city 
officer  or  other  person  ;  bnt  upon  request  of  any  city  officer  he 
shall,  without  charge,  attest  any  copy  of  any  paper,  document 
or  record  presented  to  him,  and  affix  the  seal  of  the  city  thereto. 
He  shall  be  entitled  to  receive  fifty  cents  for  every  certificate, 
with  seal  affixed,  made  for  individual  use,  and  shall  be  allowed 
to  charge  at  the  rate  of  ten  cents  per  hundred  words  for  copying 
all  ordinances,  papers,  records  or  council  proceedings  desired 
for  individual  use,  to  be  paid  by  the  party  ordering  the  same. 
[R.  0.  1888,  Chap.  U,  Sec.  3. 

SEC.  .4.  Shall  endorse  papers  filed. —  On  every 
paper  or  document  filed  in  the  office  of  the  city  clerk,  he  shall 
endorse  the  date  of  such  filing,  together  with  an  abstract  of 
the  contents  of  such  paper  or  document.  \_R.  O.  1888,  Chap. 
U,  Sec.  4. 

SEC.  5.  May  appoint  a  deputy. — The  city  clerk  may, 
by  an  instrument  in  writing,  under  his  hand  appoint  a  deputy, 
who  shall  have  and  exercise  under  the  supervision  of  the  city 
clerk,  all  the  powers  and  perform  any  of  the  duties  of  the  city 
clerk,  and  may  remove  such  deputy  at  his  pleasure.  The  city 
clerk  and  his  securities  shall  be  responsible  on  his  official  bond 
for  all  acts  done  or  omitted  by  such  deputy,  in  the  same  manner 
as  for  his  own  acts  or  omissions.  [6r.  O.  No.  321,  Sec.  1. 

SEC.   6.     To  be  custodian  of  laws  and  ordinances. 

The  city  clerk  shall  be  the  custodian  and  responsible  person 
for  the  safe  keeping  of  all  bound  and  printed  copies  of  the 
laws  and  ordinances  of  the  city  of  St.  Joseph,  and  whenever 


CITY  CLERK.  283 

the  delivery  thereof  shall  be  made  to  him  by  the  printer, 
binder  or  other  person,  he  shall  forthwith  furnish  to  the  comp- 
troller a  statement  showing  the  nature  and  number  of  such 
delivery.  [G.  0.  No.  5^5,  Sec.  1. 


SEC.  7.     Clerk  shall  deliver  laws  and  ordinances 

to  whom.  —  Upon  receiving  a  receipt  therefor,  in  a  proper 
book  prepared  for  that  purpose,  the  city  clerk  shall  deliver 
such  laws  and  ordinances  to  the  following  named  officers  of 
the  city  arid  other  officials,  to  wit:  One  each  to  the  counselor, 
comptroller,  engineer,  chief  of  police,  assessor,  inspector  of 
licenses,  street  commissioner,  health  officer,  superintendent  of 
buildings,  electrician,  market  master,  weight  master,  superin- 
tendent of  workhouse,  boiler  inspector,  live  stock  inspector, 
clerk  of  police  court,  board  of  police  commissioners,  board  of 
park  commissioners,  board  of  library  directors,  board  of  health, 
board  of  public  works,  board  of  charities,  public  library,  state 
library,  police  station,  each  hose  house,  and  each  elective  offi- 
cer of  the  city,  to  the  mayor  of  other  metropolitan  cities  when 
applied  for  or  in  exchange  for  like  favors,  and  to  such  other 
persons  or  officers,  without  payment  therefor,  as  may  be  from 
time  to  time  authorized  by  resolution  of  the  common  council. 
[G.  0.  No.  546,  Sec.  2. 

SEC.  8.     Clerk  may  sell  copies  —  proceeds  to  be 

deposited  with  treasurer.  —  Upon  application  therefor, 
the  city  clerk  may  sell  and  deliver  to  any  attorney  or  other 
citizen  of  St.  Joseph,  a  copy  of  such  laws  and  ordinances  for 
a  price  not  less  than  the  actual  cost  of  compilation,  printing 
and  binding.  The  city  clerk  shall  deposit  with  the  treasurer 
all  moneys  received  from  books  so  sold  ;  he  shall  keep  a  rec- 
ord of  every  copy  delivered,  or  sold,  and  shall  report  to  the 
comptroller  every  such  delivery  or  sale.  [G.  O.  No. 
Sec.  3. 


284  GENERAL  ORDINANCES. 


CHAPTER  XVIII. 

COMMITTEES. 

SECTION.  SECTION. 

1.  Standing  committees,  4.    Legislation. 

2.  Judiciary  committee.  5.    Street  lightning. 

3.  Duty  of  committee  on  ordinances. 

SECTION  i.  Standing  committees. —  At  the  annual 
meeting  of  the  common  council  in  each  year,  or  as  soon 
thereafter  as  possible,  it  shall  be  the  duty  of  the  president  of 
the  council  to  appoint  the  following  standing  committees,  sub- 
ject to  the  approval  of  the  council,  which  shall  consist  of  three 
members  each: 

Committee  on  rules.  Committee  on  water  and  gas. 

Committee  on  finance.  Committee  on  workhouse. 

Committee  on  auditing.  Committee  on  public  buildings 
Committee  on  public  improvements  and  grounds. 

Committee  on  ordinances.  Committee  on  streets  and  alleys. 

Committee  on  fire  department.  Committee  on  claims. 

[R.  O.  1888,  Chap.  15,  Sec.  1. 

SEC.  2.  Judiciary  committee.— There  shall  be  a 
committee  on  judiciary,  composed  of  the  mayor,  the  city  coun- 
selor, the  president  of  the  council,  the  city  comptroller  and  the 
alderman  who  is  chairman  of  the  finance  committee,  which 
shall  have  control  of  all  legal  matters.  [G.  O.  No.  J$%, 
Sec.  1. 

SEC.  3.     Duty   of    committee   on   ordinances.  - 

The  said  committee  on  ordinances  shall  examine  all  ordinances 
and  other  subjects  referred  to  them  by  the  common  council, 
report  such  alterations  and  amendments  as  they  may  deem 
necessary  together  with  amendments,  alterations  and  correc- 
tions in  regard  to  the  existing  ordinances  of  the  city.  [jR.  O. 
1888,  Ckap.  15,  Sec.  3. 

SEC.  4.  Legislation. — There  is  hereby  created  a  regu- 
lar standing  committee  to  be  known  and  designated  as  the 


COMMITTEES  —  COMMON  COUNCIL.  285 

xmnnittee  on  legislation.  Said  committee  shall  consist  of 
;hree  members  of  the  common  council  ;  one  of  which  shall  be 
;he  president  of  the  council  ;  two  members  who  shall  be 
ippointed  by  the  president,  and  the  counselor,  comptroller, 
3ity  clerk,  auditor,  assessor,  treasurer  and  city  engineer 
m-officio  members,  who  shall  be  appointed  at  the  same  time  as 
)ther  standing  committees  are  appointed.  Said  committee 
jhall  examine  and  consider  all  matters  of  legislation  which 
nay  be  referred  to  it  by  the  common  council,  and  shall  con- 
sider, prepare  and  present  to  the  council  from  time  to  time 
iuch  amendments  to  the  charter  of  the  city  as  the  members 
hereof  may  consider  expedient.  [#.  0.  No. 


SEC.  5.  Street  lighting.  —  There  is  hereby  created  a 
standing  committee  to  be  known  as  committee  on  street 
ighting.  Said  committee  shall  consist  of  three  members  of 
he  council  and  be  appointed  as  other  committees  are  appointed. 
G.  O.  No.  4,54,  Sec.  1. 

CHAPTER  XIX. 

COMMON  COUNCIL. 

IECTION  SECTION 

1.  Resignation  of  alderman.  4-    Attachment  may  be  issued  for  ab- 

2.  Chief  of  police  to  attend  council  sent  member. 

meetings.  5-    Matters  to  be  referred  to  commit- 

3.  Alderman  may  be  fined  for  absence.  tees-    Report  may  be  deferred. 

6.    Vote,  how  to  be  rescinded. 

SECTION  1.  Resignation  of  alderman.  —  The  resig- 
mtion  of  any  member  shall  be  addressed  to  the  presiding 
)fficer  of  the  common  council.  [E.  O.  1888,  Chap.  16,  Sec.  1. 

SEC.  2.  Chief  of  police  to  attend  council  meet- 
ngs.  —  The  chief  of  police  shall  attend  the  sessions  of  the 
iommon  council,  and  execute  all  orders  of  the  council  to  him 
lirected.  \lt.  O.  1888,  Chap.  16,  Sec.  8. 

SEC.  3.     Aklerman  may  be  fined  for  absence.— 

iny  alderman  absenting  himself  from  any  meeting  of  the  board 
vithout  reasonable  excuse,  shall  be  liable  to  a  fine  of  not  less 


286  GENERAL  ORDINANCES. 

than  one  dollar  nor  more  than  five  dollars,  to  be  imposed  by 
the  council.  Sickness  or  absence  from  the  city  shall  be  a  valid 
excuse.  [72.  O.  1888,  Chap.  16,  Sec.  3. 

SEC.  4.  Attachment  may  issue  for  absent  mem- 
ber.— At  the  request  of  any  member  of  the  common  council, 
the  president  shall  issue  an  attachment  to  compel  the  attend- 
ance of  any  member  of  the  council,  which  may  be  executed  by 
any  policeman.  [JR.  O.  1888,  Chap.  16,  Sec.  4. 

SEC.  5.  Matters  to  be  referred  to  committees- 
report  may  be  deferred. — All  ordinances,  petitions  and 
communications  to  the  common  council  shall,  unless  by  consent, 
be  referred  to  appropriate  committees,  and  only  acted  on  by 
the  council  on  the  report  of  the  committee  having  the  same  in 
charge  ;  any  report  of  a  committee  of  the  council  may  be 
deferred  to  the  next  session  of  the  same,  whether  it  be  an 
adjourned,  special  or  regular  session,  by  request  of  any  two 
members  of  the  council  present.  [72.  0.  1888,  Chap.  16,  Sec. 
5.  Amended  G.  O.  No,  453. 

SEC.  6.  Vote — how  to  be  rescinded. — No  vote  of 
the  common  council  shall  be  reconsidered  or  rescinded  at  a 
special  meeting,  unless  at  such  special  meeting  there  be  present 
as  large  a  number  of  aldermen  as  were  present  when  such  vote 
was  taken.  [72.  0.  1888,  Chap.  16,  Sec.  6. 

CHAPTER  XX. 

COMPTROLLER. 

SECTION  SECTION 

1.  General  duties.  7.  Countersign  licenses. 

2.  Duty  in  case  of  defaulting  officer.  8.  To  attend  sale  and  bid  on  real  estate. 

3.  Shall  deposit  proceeds  of  bonds.  9.  To  be  at  office  during  council  meet- 

4.  Duty  as  to  property  of  the  city.  ings. 

5.  Report  to  council,  shall  state  what.  10.  To  furnish  stationery. 

6.  To  certify  amount  of  money  to  be  11.  Comptroller  may  appoint  deputy. 

raised  by  taxation.  12.    Appointment  may  be  canceled. 

SECTION  1.  General  duties. — It  shall  be  the  duty  of 
the  city  comptroller,  in  addition  to  the  duties  imposed  upon 
him  by  the  general  laws  of  the  state  of  Missouri,  to  exercise  a 


COMPTROLLER.  287 

general  supervision  over  all  the  officers  of  the  city  regarding 
the  proper  management  of  the  fiscal  concerns  of  their  respective 
offices.  He  shall  examine  the  books  of  each  department  from 
time  to  time,  and  see  that  they  are  kept  in  proper  form.  He 
shall  see  that  all  necessary  reports  are  made  to  him  by  the 
various  officers  of  the  city,  that  officers  receiving  money  pay 
the  same  into  the  city  treasury,  when  thereto  required,  and 
report  all  delinquents  to  the  mayor.  [7?.  O.  1888,  Chap.  17, 
Sec.  1. 

SEC.   2.     Same — in  case  of  defaulting   officer.— 

When  any  officer  of  the  city  shall  become  a  defaulter,  it  shall 
be  the  duty  of  the  comptroller  to  direct  the  city  counselor  to 
take  immediate  legal  measures  for  the  recovery  of  the  amount 
for  which  such  officer  may  be  in  default.  [7?.  O.  1888,  Chap. 
17,  Sec.  2. 

SEC.   3.     Shall  deposit  proceeds  of  bonds. — The 

city  comptroller  shall  deposit  the  proceeds  of  all  sales  of  bonds 
with  the  city  treasurer,  immediately  after  he  shall  receive  the 
same  ;  and  until  such  deposit,  he  shall  be  responsible  for  the 
amount  thereof.  [R.  O.  1888,  Chap.  17,  Sec.  3. 

SEC.  4.  Duty  as  to  property  of  city. — He  shall  also 
attend  to  the  letting,  sale  or  other  disposition  of  property 
belonging  to  the  city,  and  to  the  collection  of  all  accounts, 
rents  and  other  moneys  due  the  city,  except  when  otherwise 
provided  by  law  or  ordinance.  [R.  O.  1888,  Chap.  17,  Sec.  4- 

SEC.  5.  Report  of,  shall  state  what. — In  the  semi- 
annual report  to  the  common  council  required  of  the  comptroller 
by  the  general  laws  of  the  state  of  Missouri,  on  the  financial 
condition  of  the  city,  he  shall  give  a  full  and  detailed  account 
of  all  receipts  and  expenditures  of  money  by  the  city  during 
the  preceding  half  year,  and  of  all  the  liabilities  of  the  city, 
the  condition  of  all  appropriations,  the  amount  of  money  on 
hand  belonging  to  each  of  the  different  funds  or  departments 
of  the  city,  the  contracts  unfulfilled,  the  balance  of  money  in 


288  GENERAL  ORDINANCES. 

the  city  treasury  and  the  sum  due  and  outstanding,  the  names 
of  all  persons  who  have  become  defaulters  to  the  city,  and  the 
amounts  in  their  hands  unaccounted  For,  and  a  statement  of  all 
other  matters  necessary  to  a  complete  exhibit  of  the  city's 
financial  condition.  [R.  0.  1888,  Chap.  17,  Sec.  5. 

SEC.   6.     Shall   certify   amount  of   money  to  be 

raised  by  taxation. — He  shall  also,  at  the  first  meeting  of 
the  common  council  in  each  fiscal  year,  certify  the  amount  of 
money  to  be  raised  by  taxation  for  the  payment  of  bonds  and 
coupons  maturing  during  that  year,  as  required  by  the  general 
laws  of  the  state  of  Missouri,  and  an  estimate  of  the  amount 
necessary  to  defray  the  expenses  of  the  various  departments  of 
the  city  government  during  the  year,  stating  separately  the 
amount  required  for  each  department.  He  shall,  with  said 
estimate,  also  submit  a  statement  of  all  contracts  made  or 
authorized  by  the  common  council,  and  not  performed  or  com- 
pleted during  the  years  preceding,  and  upon  which  any  money 
remains  unpaid  and  the  amount  so  unpaid  on  each.  To  this 
end,  he  shall  require  from  the  city  engineer  and  other  city 
officers  and  heads  of  departments,  such  information  as  he  shall 
need  to  enable  him  to  fulfill  the  duty  imposed  upon  him  herein. 
[R.  0.  1888,  Chap.  17,  Sec.  6. 

SEC.  7.  Countersign  licenses.  —  The  city  comp- 
troller shall  countersign  all  licenses  issued  by  the  city  auditor, 
and  keep  a  complete  record  thereof  in  his  office.  [R.  O. 
1888,  Chap.  17,  Sec.  7. 

SEC.  8.     To  attend  sales  and  bid  on  real  estate, 

etc. — It  shall  be  the  duty  of  the  comptroller  to  be  present  at 
all  sales  of  real  estate  sold  under  execution  upon  judgment  for 
city  taxes,  and  in  behalf  of  the  city,  bid  the  amount  of  the 
judgment,  interest  and  costs  upon  each  lot  or  parcel  of  real 
estate  exposed  for  sale,  and  in  case  no  higher  bid  is  made,  to 
have  the  same  struck  off  and  sold  to«the  city.  [R.  O.  1888, 
Chap.  17,  Sec.  8. 


COMPTROLLER.  289 

SEC.   9.     To  be  at  office  during  council  meetings. 

— The  city  comptroller  shall  be  in  his  office  during  the  regu- 
lar monthly  meetings  of  the  common  council,  and  during 
special  meetings  when  thereto  required  by  the  mayor  or  coun- 
cil, to  perform  such  duties  of  his  office  as  may  become  neces- 
sary during  such  meetings.  \_R.  O.  1888,  Chap.  17,  Sec.  9. 

SEC.  10.  To  furnish  stationery. — It  is  hereby  made 
the  duty  of  the  city  comptroller  to  keep  on  hand  at  all  times  a 
sufficient  quantity  of  general  office  stationery  and  office  sup- 
plies for  the  transaction  of  the  business  of  the  city,  and  to 
issue  the  same  to  the  different  departments,  on  requisition 
from  the  officers  thereof.  In  case  supplies  are  needed  which, 
for  any  reason,  are  not  kept  on  hand,  it  shall  be  the  duty  of 
the  comptroller  to  issue  an  order  to  the  head  of  the  depart- 
ment applying  for  the  same,  for  its  purchase,  such  order  to  be 
attached  to  the  bill  for  the  goods  purchased  thereunder,  and 
no  bill  for  such  goods  shall  be  paid  without  such  order  being 
attached  thereto  :  Provided,  that  the  order  herein  required 
shall  not  be  issued  by  the  comptroller  unless  there  be  sufficient 
funds  to  the  credit  of  the  department  named,  not  otherwise 
appropriated.  In  securing  such  stock  of  supplies  and  in 
replenishing  same,  the  comptroller  shall  receive  bids  from  all 
firms  dealing  therein  and  award  the  contract  to  the  lowest  and 
best  bidder.  \_G.  O.  No.  458,  Sec.  1. 

SEC.  11.     Comptroller    may    appoint    deputy.  - 

The  comptroller  is  hereby  authorized  to  appoint  a  deputy 
comptroller,  who  shall  be  a  practical  bookkeeper  at  a  salary 
not  to  exceed  twelve  hundred  dollars  per  annum,  who  shall 
perform  the  work  of  a  bookkeeper  and  clerk  in  his  said  office, 
and  who  may  act  as  deputy  comptroller.  [7?.  0.  '1888,  Chap. 
17,  Sec.  11.  Amended  G.  O.  No.  345. 

SEC.  12.  Appointment  of  deputy  may  be  can- 
celed.— The  appointment  of  a  deputy  by  the  comptroller  may 
be  canceled  at  any  time  at  the  will  of  the  comptroller,  and  the 

19 


290  GENERAL  ORDINANCES. 

person  appointed  shall  hold  such  appointment  at  the  will  of  the 
comptroller,  and  may  be  suspended  or  removed  at  any  time 
by  the  comptroller.  Such  deputy  before  entering  upon  the 
duties  of  his  appointment  shall  execute  a  bond  to  the  said 
comptroller  to  be  approved  by  the  comptroller,  in  the  sum  of 
ten  thousand  dollars,  conditioned  for  the  faithful  performance 
of  all  the  duties  of  his  appointment,  which  bond  shall  be. 
deposited  with  the  comptroller.  [j£.  0.  1888,  Chap.  17. 
Amended  G.  O.  No.  345. 

CHAPTEK  XXI. 

CONDEMNATION  OF  PRIVATE  PROPERTY,  ETC. 

SECTION  SECTION 

1.  City  engineer  to  furnish  plat.  4.    Tax  bills,  how  collected. 

2.  Duties  of  clerk  after  action  of  court.  5.    Suits  to  be  begun,  when. 

3.  Tax  bills  to  be  recorded,  etc.  6.    Compensation  of  commissioners. 

SECTION  1.  Plats  to  be  furnished  to  city  coun- 
selor.— Whenever  the  common  council  shall  provide  by  ordi- 
nance for  establishing,  opening,  widening  or  altering  any  street, 
avenue,  alley,  market  place  or  public  square,  or  route  for  a 
sewer,  or  to  condemn  private  property  for  other  or  different 
public  uses  than  those  already  specified  in  this  section,  and  it 
is  necessary  to  take  private  property  for  the  same,  the  city 
engineer,  shall,  upon  request  of  the  city  counselor,  furnish  all 
necessary  plats,  showing  the  property  affected  by  the  proposed 
improvement,  and  the  metes  and  bounds  and  the  names  of  the 
owners  thereof.  [G.  0.  No.  517,  Sec.  1. 

SEC.  2.     City  clerk  shall  make  out  certificate  of 

awards. — After  final  action  is  taken  by  the  circuit  court  on 
the  report  of  the  commissioners  in  any  street  or  alley  opening 
proceeding,  and  said  report  has  been  duly  received  and  recorded 
by  the  city  clerk  in  his  office,  and  the  common  council  have 
made  an  appropriation  for  the  payment  out  of  the  city  treasury 
of  the  damages  awarded,  and  value  of  property  taken,  it  shall 
be  the  duty  of  tb§  city  glerk  to  wake  out  certificates  of  awards, 


CONDEMNATION  OF  PRIVATE  PROPERTY,  ETC.  291 

in  accordance  with  the  report  of  the  commissioners  for  the 
damages  awarded,  and  he  shall  also  issue  special  tax  bills  in 
accordance  with  said  report  against  all  parties  and  pieces  and 
parcels  of  property  charged  with  benefits,  in  which  shall  be 
included  costs  pro  rata  as  adjudged  by  the  court,  if  any  have 
accrued  since  said  report  was  filed.  \_G.  0.  No.  517,  Sec.  2. 

SEC.  3.  Tax  bills  to  be  recorded  and  delivered 
to  treasurer. — The  city  clerk  shall  deliver  said  special  tax 
bills  to  the  city  engineer,  taking  triplicate  receipts  therefor, 
one  to  be  filed  with  the  auditor,  one  with  the  comptroller  and 
the  third  to  be  filed  in  his  own  office.  The  city  engineer,  upon 
receipt  of  such  tax  bills,  shall  proceed  forthwith  to  record  the 
same  in  a  book  to  be  provided  for  that  purpose,  showing  the 
name  of  the  present  owner  as  given  in  or  upon  each  bill,  the 
property  assessed  and  the  date  and  amount  of  the  bill.  As 
soon  as  said  tax  bills  are  recorded,  and  within  five  days  from 
the  date  of  their  receipt  by  him,  the  city  engineer  shall  deliver 
said  tax  bills  to  the  city  treasurer,  taking  triplicate  receipts 
therefor,  one  to  be  filed  with  the  auditor,  one  with  the  comp- 
troller and  the  third  retained.  [6f.  O.  No.  517,  Sec.  3. 

SEC.  4.  Tax  bills — how  collected. — The  city  treas- 
urer shall,  upon  receipt  of  such  tax  bills,  forthwith  send  by 
mail,  to  each  of  the  parties  interested  by  name,  a  written  or 
printed  notice  that  said  special  tax  bills  are  in  his  hands  for 
collection,  and  will  remain  there  for  a  period  of  thirty  days 
from  the  date  of  their  receipt  by  him,  naming  such  date. 
[G.  0.  No.  517,  Sec.  4. 

SEC.  5.  Suits  to  be  begun,  when.  —  Upon  the 
expiration  of  the  thirty  days  provided  in  the  last  section,  all 
bills  unpaid  shall  be  delivered  by  the  city  treasurer  to  the  city 
counselor,  who  shall  thereupon  proceed  to  collect  the  same  by 
suits  instituted  in  the  name  of  the  city  of  St.  Joseph  for  that 
purpose.  [G.  0.  No.  517,  Sec.  5. 

SEC.  6.     Compensation  of    commissioners.  —  In 

all  proceedings  to  establish,  open,  widen,  or  alter  any  street, 


292  GENERAL  ORDINANCES. 

avenue,  alley,  market  place  or  public  square,  or  route  for  a 
sewer,  the  commissioners  appointed  by  the  circuit  court  shall 
be  entitled  to  have  and  receive  from  the  city  treasury  for  their 
services  as  such  the  sum  of  three  dollars  each  for  each  day's 
services  in  the  case.  \_G.  O.  No.  517,  Sec.  6. 


CHAPTER   XXII. 

CONTRACTS— AWARDS  FOR  PUBLIC  WORK. 

SECTION.  SECTION. 

1.  Public  work  to  be  advertised  and  4.    Performance  to  be  secured. 

bids  received.  5.    Contract  to  be  approved  by  coun- 

2.  Contracts  to  be  let  to  lowest  bid-  selor. 

der.  6.    Statement   of   awards    to    include 

3.  Contract  let ;  terms  thereof.  what  information. 

SECTION  1.  Public  work — engineer  shall  adver- 
tise for  proposals. — Whenever  any  public  improvement 
shall  be  ordered  by  an  ordinance  of  the  common  council,  the 
city  engineer  shall  advertise  for  proposals  for  doing  said  work; 
a  plan  or  profile  of  the  work  to  be  done,  accompanied  with 
specifications  for  doing  the  same,  being  first  placed  on  file  in 
the  office  of  said  engineer  ;  which  said  plan,  profile  and  speci- 
fications shall  at  all  reasonable  times  be  open  for  public  inspec- 
tion ;  said  advertisement  shall  be  inserted  in  the  official  paper 
of  the  city  and  continued  for  at  least  ten  days,  (unless  required 
by  the  common  council,  in  any  specific  case,  to  change  the 
time),  and  shall  state  the  work  to  be  done.  The  bids  for  the 
doing  of  such  work  shall  be  sealed  bids  directed  to  said  engi- 
neer, and  shall  be  accompanied  with  a  certified  check  for  such 
an  amount,  as  may  be  required  in  the  advertisement  not  to 
exceed  two  per  cent  of  the  estimated  cost  of  the  public  improve- 
ment, but  in  no  case  for  a  less  amount  than  one  hundred  dol- 
lars ;  said  check  to  be  drawn  upon  some  solvent  banking  insti- 
tution in  the  city  of  St.  Joseph,  and  in  favor  of  the  city  comp- 
troller for  the  use  of  the  city  and  signed  by  the  bidder,  condi- 
tioned that  in  case  the  contract  shall  be  awarded  to  him,  that 
he  will  within  ten  days  thereafter,  enter  into  contract  with  said 


CONTRACTS — AWARDS  FOR  PUBLIC  WORK.  293 

city  for  the  performance  of  the  work  for  the  price  mentioned 
in  his  bid,  and  according  to  the  plans  and  specifications  ;  and 
in  case  of  detault  on  his  part  to  enter  into  such  contract  within 
the  time  specified,  said  certified  check  and  the  amount  named 
therein  shall  at  once  forfeit  to  and  become  payable  to  said 
comptroller  for  the  use  of  the  city  and  be  at  once,  by  him, 
paid  over  to  the  city  treasurer,  who  shall  receipt  for  the  same. 
All  amounts  so  forfeited  to  the  city  and  deposited  with  the 
treasurer  by  the  comptroller  shall  be  made  a  part  of  the  fund 
for  city  printing.  Said  bids  shall  be  opened  at  the  hour  and 
place  mentioned  in  said  notice  by  the  comptroller  in  conjunc- 
tion with  the  city  engineer.  [E.  0.  1888,  Chap.  W,  Sec.  1. 
Amended  G.  O.  No.  350. 

SEC.  2.     Contract  to   be   let  to   lowest    bidder, 

when. — All  contracts  shall  be  awarded  by  the  city  engineer 
to  the  lowest  reliable  and  responsible  bidder  or  bidders,  who 
shall  have  complied  with  the  foregoing  requisitions,  and  who 
will  sufficiently  guarantee,  to  the  satisfaction  of  the  comp- 
troller, the  performance  of  said  work  under  the  superintend- 
ence and  to  the  satisfaction  of  the  city  engineer:  Provided, 
that  the  contract  price  does  not  exceed  the  estimate  or  such 
other  sum  as  shall  be  satisfactory  to  the  mayor  and  common 
council.  In  case  the  mayor  and  common  council  should,  for 
any  reason,  reject  all  the  bids  offered,  the  city  engineer  shall 
proceed  to  advertise  such  work  again,  at  the  option  of  the 
common  council,  and  proceed  as  provided  in  section  one  of 
this  ordinance,  [fi.  O.  1888,  Chap.  W,  Sec.  2. 

SEC.  3.  Contract  let — terms  thereof. — Upon  any 
contract  being  awarded  as  aforesaid,  the  city  engineer  shall 
enter  into  contract  with  said  bidder  for  the  faithful  perform- 
ance of  the  work  awarded  to  him  in  accordance  with  the  con- 
ditions, requirements  and  specifications  thereof ;  and  every 
contract  entered  into  as  aforesaid,  shall  contain  a  clause  that 
the  same  is  entered  into  subject  to  existing  ordinances  of  the 
city  and  the  approval  of  the  common  council,  and  the  city 


294  GENERAL  ORDINANCES. 

engineer  shall  reserve  the  right  to  finally  decide  all  questions 
arising  as  to  the  proper  performance  of  the  said  work,  and  in 
case  of  improper  construction,  to  suspend  said  work  at  any 
time  and  relet  the  same,  or  to  order  the  entire  reconstruction 
of  said  work,  if  improperly  done,  but  that  such  suspension 
shall  not  affect  the  right  of  the  city  to  recover  all  damages  and 
penalties  claimable  by  her  on  account  of  the  contractor's  fail- 
ure. Any  person  taking  any  contract  with  the  city,  and  who 
agrees  to  be  paid  from  special  assessments,  shall  have  no  claim 
or  lien  upon  the  city  in  any  event,  and  no  work  to  be  paid  for 
by  special  assessment  shall  be  let  except  to  a  contractor  or 
contractors  who  will  so  agree.  [E.  O.  1888,  Chap.  20,  Sec.  3. 

SEC.  4.  Performance  to  be  secured. —  The  per- 
formance of  all  contracts  let  out  as  aforesaid,  shall  be  secured 
by  at  least  two  sufficient  securities,  to  be  approved  by  the 
comptroller,  in  double  the  contract  price  of  the  work,  except 
in  cases  when  the  estimated  costs  exceed  one  thousand  dollars, 
in  which  case  the  amount  of  security  shall  be  determined  by 
the  comptroller  and  city  engineer.  [E.  0.  1888,  Chap.  20, 
Sec.  4. 

SEC.  5.  To  be  approved  by  counselor. — All  con- 
tracts shall  be  drawn  by  or  submitted  to  the  city  counselor  for 
approval  of  the  form  thereof,  which  approval  shall  be  endorsed 
thereon,  and  upon  being  finally  executed  shall  be  filed  and 
recorded  in  the  office  of  the  city  comptroller.  [JR.  0.  1888, 
Chap.  20,  Sec.  5. 

SEC.  6.     Statement  of  awards — to  include  what 
information. — The  city  engineer  is  hereby  required,  in  sub- 
mitting to  the  council  the  statement  of  awards  for  public  work 
ordered  under  any  special  ordinance  of  the  city  to  be  paid  foi 
by  the  issue  of  special  tax  bills,  to  include  the  following  infoi 
mation  :     For  district  sewers,  the  cost  per  square  foot,   an< 
total    number    of    square    feet    in    the    district  ;    for    paving, 
macadamizing,    curbing,  guttering  and    sidewalks,    or  either, 


COUNSELOR.  295 

the  cost  per  lineal  foot  front  to  property,  and  total  number  of 
lineal  feet  of  property  to  be  assessed  ;  for  grading,  number  of 
yards  to  be  paid  for,  with  total  cost  of  grading.  [G.  0.  No. 
486,  Sec.  1.  . 

CHAPTER  XXIII. 

COUNSELOR. 
SECTION  1.    Duties  defined. 

SECTION  1.  Duties  defined. — Ir  shall  be  the  duty  of 
the  city  counselor,  in  addition  to  the  duties  imposed  upon  him 
by  the  general  laws  of  the  state  of  .Missouri : 

First.  To  advise  the  common  council  or  its  committees, 
or  any  city  officer,  when  thereto  requested,  upon  all  legal  ques- 
tions arising  in  the  conduct  of  the  business  of  the  city. 

Second.  To  revise  all  ordinances  submitted  to  him  by  any 
committee  of  the  common  council  before  being  passed. 

Third.  To  give  his  opinion  in  writing,  when  thereto 
requested,  upon  any  matter  or  question  submitted  to  him  by 
the  common  council  or  any  of  its  committees,  or  any  city  officer. 

Fourth.  To  attend  all  regular  meetings  of  the  common 
council,  and  all  special  meetings  when  thereto  requested  by  the 
mayor  or  council. 

Fifth.  To  manage  and  conduct  in  behalf  of  the  city,  all 
condemnation  proceedings  before  the  mayor  of  the  city  and 
upon  appeal. 

Sixth.  To  collect  all  delinquent  taxes,  and  all  special 
taxes  for  opening  of  streets  and  alleys  or  for  repairs  of  side- 
walks, keeping  a  complete  record  thereof  and  rendering  proper 
accounts  therefor  ;  for  which  he  shall  receive  the  fees  as  pro- 
vided by  law. 

Seventh.  To  keep  a  complete  record  of  all  suits  brought 
against  the  city,  giving  the  names  of  the  parties,  the  court 


296 


GENERAL  ORDINANCES. 


where  brought,  the  nature  of  the  action,  the  disposition  of  the 
case  and  the  briefs  of  counsel,  and  to  deliver  such  record  to 
his  successor  in  office.  [E.  O.  1888,  Chap.  21,  Sec.  1. 


CHAPTER  XXI Y. 


DOGS. 


SECTION 

11.  Clerk  shall  keep  a  record  of  dogs 

put  to  death. 

12.  Country  dog  excepted. 

13.  Registered  dog  not  to  be  impound- 

ed. 

14.  Dog  not  to  be  killed,  until  when. 

15.  Dog  to  be  released  on  presenting 

certificate. 

16.  Harboring  dog,  what  is. 

17.  Fees  allowed  to  public  impounder. 

18.  Penalty. 


SECTION 

1.  Dogs  to  be  registered  and  wear  a 

collar. 

2.  Fee  for  registering;  clerk  to  fur- 

nish a  tag. 

3.  Clerk  to  keep  record,  etc- 

4.  Dog  must  wear  collar  with  tag. 

5.  Collar  not  to  be  removed. 

6.  Vicious  dog  must  not  be  kept. 

7.  Dogs  to  be  muzzled,  when. 

8.  Barking  dog  must  not  be  kept. 

9.  Female  not  to  be  at  large,  when. 
10.    Public  impounder  to  take  up  dogs. 

SECTION  1.  Dog  to  be  registered  and  wear  col- 
lar.— It  shall  be  the  duty  of  every  person  owning,  keeping  or 
harboring  in  this  city  any  dog  or  bitch  more  than  six  months 
old,  to  register  the  same  with  the  city  clerk,  and  to  put  and  to 
keep  on  the  neck  of  such  dog  or  bitch,  a  collar  of  leather  or 
metal,  to  which  shall  be  attached  the  tag  received  from  the  city 
clerk.  [R.  0.  1888,  Chap.  00,  Sec.  1. 

SEC.  2.  Fee  for  registering — clerk  to  furnish 
tag. — To  enable  the  owner  or  keeper  of  any  dog  or  bitch  to 
have  the  same  registered,  such  owner  or  keeper  shall  pay  into 
the  city  treasury  for  each  dog  one  dollar,  and  for  each  bitch 
two  dollars,  taking  the  treasurer's  receipt  therefor,  and  upon 
the  presentation  of  such  receipt  to  the  city  clerk,  together  with 
a  clerk's  fee  of  twenty-five  cents,  said  clerk  shall  deliver  to  the 
owner  or  keeper  of  such  dog  or  bitch,  a  certificate  in  writing, 
stating  that  such  person  has  registered  said  dog  or  bitch,  and 
the  number  by  which  it  is  registered,  and  shall  also  give  to 
such  person  a  metal  check  or  tag,  upon  which  shall  be  stamped 
or  engraved  the  year  issued,  the  words  "St.  Joseph,  Mo."  and 
a  number  corresponding  with  the  number  of  the  certificate  of 


OF  THE 

UNIVERSITY 

or 


297 

registration,  which  check  or  tag  shall  be  attached  to  the  collar 
worn  by  the  dog  licensed.  On  the  first  day  of  every  month 
the  city  clerk  shall  certify  to  the  city  auditor  the  number  of 
dogs  and  bitches  registered,  and  said  auditor  shall  immediately 
charge  the  city  treasurer  with  the  amount  received  by  such 
treasurer  for  such  licenses.  [R.  O.  1888,  Chap.  22,  Sec.  2. 

SEC.  3.  Clerk  to  keep  a  record,  etc. — Such  cer- 
tificate of  registry  shall  entitle  such  person  to  keep  said  dog  or 
bitch  until  the  first  day  of  June  then  next  following,  but  no 
longer  ;  and  said  clerk  shall  keep  a  record  giving  the  name  of 
the  owner  or  keeper  of  such  dog  or  bitch,  and  the  number  of 
the  certificate  of  registry,  together  with  a  general  description 
of  such  dog  or  bitch.  [JR.  O.  1888,  Chap.  22,  Sec.  3. 

SEC.  4.      Dog  must   wear   collar   with  tag. — No 

owner  or  keeper  of  any  dog  or  bitch  shall  allow  or  permit  any 
such  dog  or  bitch  to  be  at  any  place  in  this  city,  at  any  time, 
without  a  collar  having  attached  thereto  the  check  or  tag  here- 
inbefore required  ;  nor  shall  any  owner  or  keeper  of  any  dog 
or  bitch  permit  or  allow  such  dog  or  bitch  to  wear  any  other 
check  or  tag  than  the  identical  one  issued  by  the  city  clerk  for 
such  dog  or  bitch.  In  case  of  loss,  a  duplicate  check  or  tag 
shall  be  issued  by  the  city  clerk,  at  the  expense  of  the  person 
making  application  therefor.  [R.  O.  1888,  Chap.  22,  Sec.  4. 

SEC.  5.     No  person  shall  remove  the  collar. — No 

person  shall  remove  or  cause  to  be  removed  the  collar,  check 
or  tag  from  any  registered  dog  or  bitch,  without  the  consent 
of  the  owner  or  keeper  thereof.  [R.  O.  1888,  Chap.  22,  Sec.  5. 

SEC.  6.  No  vicious  dog  must  be  kept. — No  per- 
son shall  own,  keep  or  harbor  any  dog  or  bitch  which  is  noto- 
riously vicious  or  dangerous.  [R.  O.  1888,  Chap.  22,  Sec.  6. 

SEC.  7.  Dogs  to  be  muzzled,  when. — It  shall  be 
the  duty  of  the  mayor,  whenever  in  his  opinion  the  danger  to 
the  public  safety  from  rabid  dogs  is  great  and  imminent,  to 


298  GENERAL  ORDINANCES. 

publish  his  proclamation  ordering  and  requiring  all  persons 
owning,  keeping  or  harboring  any  dog  or  bitch  to  muzzle  the 
same,  or  to  confine  the  same  for  not  less  than  thirty  days  nor 
more  than  ninety  days  from  the  date  of  such  proclamation,  by 
good  and  sufficient  means,  to  the  house,  stable,  outhouse  or 
yard  wherein  such  person  may  reside  ;  and  upon  the  issuing  of 
such  proclamation  by  the  mayor,  it  shall  be  the  duty  of  all 
persons  owning,  keeping  or  harboring  any  dog  or  bitch,  during 
the  time  specified  in  such  proclamation,  to  confine  the  same  by 
good  and  sufficient  means,  within  the  yard,  house,  stable  or 
outhouse,  or  have  the  same  properly  and  securely  muzzled. 
It  is  hereby  made  the  duty  of  the  police  to  kill  any  dog  found 
running  at  large  without  being  properly  muzzled  as  required 
by  any  proclamation  of  the  mayor,  issued  under  this  ordinance. 
[JR.  O.  1888,  Chap,  m,  Sec.  7.  Amended  G.  O.  No.  263. 

SEC.  8,  Barking  dog  must  not  be  kept. — No  per- 
son shall  own,  keep  or  harbor  any  dog  or  bitch  which  by  loud 
and  frequent  or  habitual  barking,  howling  or  yelling,  shall 
annoy  or  disturb  any  neighborhood.  [R.  O.  1888 ',  Chap.  22, 
Sec.  8. 

SEC.  9.  Female  must  not  be  at  large  when  in 
heat. — No  owner,  keeper  or  person  harboring  any  bitch  shall 
permit  or  suffer  her  to  run  at  large  within  this  city  while  she  is 
in  heat,  whether  she  have  the  collar  and  check  or  tag  on  her 
or  not ;  and  every  such  bitch  found  running  at  large  is  hereby 
deemed  and  declared  to  be  a  nuisance.  [12.  O.  1883,  Chap. 
%%,  Sec.  9. 

SEC.  10.     Public  impounder  to  take  up  dogs.— 

It  is  hereby  declared  the  duty  of  the  public  impounder  to  take 
up  all  dogs  and  bitches  found  within  the  city  limits  without 
license  tags,  and  confine  them  in  the  public  pound.  Any  dog 
or  bitch  may  be  released  from  the  pound  by  any  person  prov- 
ing ownership  and  producing  city  clerk's  certificate  stating  that 
such  dog  or  bitch  has  been  registered,  and  paying  one  dollar 
to  the  public  impounder.  All  dogs  and  bitches  which  shall 


DOGS.  299 

have  remained  in  the  pound  forty-eight  hours  without  being 
claimed  and  released,  shall  be  put  to  death  by  drowning  or  by 
asphyxiation  by  fumes  of  burning  charcoal  and  sulphur,  or  if 
the  animal  is  worthy  and  valuable,  it  shall  be  sold  in  the  man- 
ner directed  and  required  in  section  two,  article  two,  chapter 
thirty-eight,  and  the  proceeds  of  said  sale  to  be  turned  into  the 
city  treasury  to  the  credit  of  the  general  fund.  [R.  0.  1888, 
Chap  88,  Sec.  10.  Amended  G.  0.  No.  469. 

SEC.  11.  Clerk  to  keep  a  record  of  dogs  put  to 
death. — It  shall  be  the  duty  of  the  city  clerk  to  keep  a  record 
of  all  dogs  and  bitches  put  to  death,  and  make  and  certify  to  a 
copy  of  the  same  when  required  so  to  do  by  any  city  officer. 
To  this  end  the  public  impounder  shall  notify  said  clerk  when 
and  where  any  dog  or  bitch  will  be  killed,  that  said  clerk  or 
some  one  authorized  by  him  as  his  representative,  may  attend 
such  killing.  [R.  O.  1888,  Chap.  88,  Sec.  11. 

SEC.  12.  Country  dog  excepted. — The  provisions  of 
this  chapter  shall  not  apply  to  any  dog  or  bitch  which  may  fol- 
low any  countryman  coming  into  or  passing  through  the  city, 
which  shall  remain  near  to  its  master,  owner  or  keeper,  or  his 
wagon,  animals  or  other  effects.  [R.  O.  1888,  Chap.  22, 
Sec.  12. 

SEC.  13.    Registered  dog  must  not  be  impounded. 

It  shall  be  unlawful  for  the  public  impounder  to  place,  have  or 
confine  in  the  pound  any  dog  or  bitch  which  has  been  registered, 
or  to  kill  or  cause  or  allow  to  be  killed  any  dog  or  bitch  in  any 
manner  other  than  as  provided  in  this  chapter,  or  to  skin  or 
cause  or  allow  to  be  skinned  any  dog  or  bitch  until  it  is  actually 
dead.  [E.  O.  1888,  Chap.  22,  Sec.  13. 

SEC.   14.      Dog  not  to  be  killed,  until  when. — It 

shall  be  unlawful  for  the  public  impounder  to  kill  or  cause  or 
allow  to  be  killed  any  dog  or  bitch  until  the  expiration  of  the 
forty-eight  hours  he  is  herein  required  to  keep  it  in  the  pound. 
[R.  O.  1888,  Chap.  22,  Sec.  U. 


300  GENERAL  ORDINANCES. 

SEC.  15.  Dog  to  be  released  on  presenting  cer- 
tificate.— Whenever  any  person  shall  produce  to  the  public 
irnpounder,  or  the  person  in  charge  of  the  pound,  a  certificate 
of  registration  in  force  and  bearing  date  prior  to  the  time  any 
dog  or  bitch  may  have  been  impounded,  such  dog  or  bitch  shall 
be  forthwith  released  without  charge.  [R.  O.  1888,  Chap  22, 
Sec.  15. 

SEC.  16.  Harboring  dog,  what  is. — Any  person  who 
shall  allow  any  dog  or  bi  ch  to  habitually  remain  or  be  lodged 
or  fed  within  his  house,  store,  yard,  enclosure  or  place,  shall 
be  deemed  and  considered  as  keeping  and  harboring  the  same, 
within  the  meaning  of  this  ordinance.  [JR.  0.  1888,  Chap.  22, 
Sec.  16. 

SEC.   17.     Fees  allowed   to  public  imponnder.— 

The  public  impounder  shall  be  entitled  to  the  following  fees 
for  impounding  dogs  and  bitches,  which  shall  include  all  the 
expense  of  taking  and  keeping  such  dogs  and  bitches  :  For 
each  dog  or  bitch  redeemed  or  sold,  one  dollar,  to  be  paid  by 
the  person  redeeming  or  to  whom  sold  ;  for  each  dog  or  bitch 
slain,  fifty  cents,  to  be  paid  by  the  city  :  Provided,  that  the 
amount  paid  for  dogs  and  bitches  killed  shall  not,  at  any  time, 
exceed  the  amount  received  by  the  city  treasurer  for  registra- 
tion of  dogs  and  bitches.  [R.  O.  1888,  Chap.  00,  Sec.  17. 
Amended  G.  0.  No.  258. 

SEC.  18.  Penalty. — Any  person  violating,  failing,  neg- 
lecting or  refusing  to  comply  with  any  provision,  regulation 
or  requirement  of  this  chapter  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction,  shall  be  fined  not  less  than 
one  dollar  nor  more  than  two  hundred  dollars.  [R.  0.  1888, 
Chap.  22,  Sec.  18.  Amended  O.  O.  No.  515. 


DRAM  SHOPS. 


301 


CHAPTER  XXV. 
DRAM  SHOPS. 


ECTION 

1.  Dramshops,  license  required  for. 

2.  Dramshop  keeper  defined. 

3.  Intoxicating  liquors  defined. 

4.  License  for ;  amount  required. 

5.  Auditor  to  grant  license  ;  bond  re- 

quired. 

6.  Business  at  one  place  only  ;  license 

how  transferred. 

7.  License  issued  for  three  months. 

8.  Application  for  license  to  be  made 

in  writing;  to  state  what;  peti- 
tion required,  etc. 

9.  Certificate  of  assessor  required. 

10.  Certificates  to  be  furnished  upon 

application. 

11.  To  be  kept  at  place  designated  in 

license  ;  provision  for  removal. 

12.  License  to  be  framed  and  posted. 

13.  Selling  liquor  to  minor  prohibited ; 

penalty. 


SECTION 

14.  Keeping  open  on  Sunday,  election 

day,  etc.,  prohibited;  penalty. 

15.  Conditions  under  which  license  is 

granted;  penalty. 

16.  Performing    on    musical     instru- 

ments, sparring,  boxing,  wrest- 
ling, gaming  tables,  etc.,  prohib- 
ited; penalty. 

17.  Employment  of  lewd  women  pro- 

hibited. 

18.  Dramshop  not  to  be  licensed  in 

house  of  ill-fame. 

19.  Sale  of  intoxicating  liquors  in  the- 

aters prohibited. 

20.  Penalty. 

21.  Auditor  and  treasurer  to  report  to 

county  monthly. 

22.  License  may  be  revoked. 


SECTION  1.     Dramshop — license  required. — No  per- 

:0n,  or  copartnership  of  persons,  or  corporation,  shall  in  this 
:ity,  directly  or  indirectly,  in  person  or  by  another,  sell,  barter 
>r  deliver,  for  or  on  his  or  their  account,  any  intoxicating 
iquors  in  less  quantities  than  one  gallon,  without  a  license  first 
>btained  therefor  as  a  keeper  of  a  dramshop,  according  to  the 
)rovisions  herein  contained.  \_G.  O.  No.  44-1,  Sec.  22. 

SEC.  2.  Dramshop  keeper  defined. — Any  person, 
^partnership  of  persons  or  corporation,  being  licensed  accord- 
ng  to  the  provisions  of  this  ordinance  to  sell  intoxicating 
iquors  in  any  quantity  less  than  one  gallon,  is  hereby  declared 
o  be  a  dramshop  keeper.  [G.  0.  No.  441,  Sec.  23. 

SEC.  3.  Intoxicating  liquors  defined. — The  term 
'intoxicating  liquors,"  as  used  in  this  ordinance,  shall  be  con- 
itrued  to  mean  fermented,  vinous  and  spirituous  liquors,  or  any 
composition  of  which  fermented,  vinous  or  spirituous  liquors 
s  a  part.  [&  O.  No.  441,  Sec.  84. 


302  GENERAL  ORDINANCES. 

SEC.  4.  License — amount  required. — No  person 
shall  act  as  a  dramshop  keeper  without  a  license  therefor  from 
the  city  of  St.  Joseph,  and  the  charge  for  such  license  shall  be 
one  thousand  dollars  per  year,  forty-seven  per  centum  of  which 
shall  be  for  city  purposes,  and  fifty-three  per  centum  for  state 
and  county  purposes.  [G.  O.  No.  441>  Sec.  25. 

SEC.  5.  Auditor  to  grant  license — bond  required. 

—The  city  auditor  is  hereby  authorized  to  grant  a  license  as  a 
dramshop  keeper  to  any  person  having  complied  with  the  pro- 
visions herein  contained  who  shall  apply  therefor  to  him,  upon 
said  applicant  executing  a  bond  to  the  city  of  St.  Joseph,  with 
at  least  two  sureties,  to  be  approved  by  the  comptroller,  in  the 
penal  sum  of  two  thousand  dollars,  conditioned  that  the  person 
obtaining  such  license  will,  during  the  term  for  which  he  is 
licensed,  keep  an  orderly  house,  and  that  he  will  in  all  things 
observe  and  conform  to  the  provisions  herein  contained.  After 
the  comptroller  shall  have  approved  of  the  bond  of  said  appli- 
cant, said  applicant  shall  present  the  same  to  the  city  auditor, 
and  pay  to  the  city  collector  the  amount  of  license  fee  due  as 
herein  provided,  taking  his  receipt  therefor,  and  on  presentation 
of  said  receipt  to  the  city  auditor,  together  with  the  proper 
petition  as  required  herein,  the  said  auditor  shall  issue  to  said 
applicant  a  license  as  a  dramshop  keeper.  [6r.  0.  No.  44^1 
Sec.  26. 

SEC.  6.  Business  at  one  place  only — license  how 
transferred. — Any  license  issued  under  the  provisions  herein 
contained  shall  authorize  the  business  therein  designated  to  be 
carried  on  at  one  place  only,  and  shall  not  be  transferable  or 
assignable  except  by  bona  fide  sale  of  fixtures  and  business, 
and  the  filing  of  a  new  petition  by  the  purchaser  in  his  own 
name,  to  be  subject  to  the  same  conditions  as  a  petition  for 
beginning  business  as  a  dramshop  keeper,  and  the  making  and 
filing  of  a  new  bond  as  required  in  the  preceding  section.  [6r. 
O.  No.  441,  Sec.  27. 


DRAM  SHOPS.  303 

SEC.  7.  License  issued  for  three  months. — License 
as  a  dramshop  keeper  shall  be  issued  for  a  period  of  three 
months  at  a  time,  and  shall  date  from  the  first  of  the  month  in 
which  issued,  on  payment  of  one  quarter  the  yearly  license  tax. 
The  proper  officers  will  issue  licenses  in  conformity  with  the 
provisions  of  this  section.  [G.  0.  No.  441,  Sec.  28.  Amended 
G.  O.  No.  524. 

SEC.  8.  Application  for  license,  how  made — peti- 
tion required,  etc. — Application  for  a  license  as  a  dram- 
shop keeper  shall  be  made  in  writing  to  the  city  auditor,  and 
shall  state  specifically  where  the  dramshop  is  to  be  kept ;  and 
if  the  said  city  auditor  shall  be  of  the  opinion  that  the  appli- 
cant is  a  person  of  good  moral  character  he  may  grant  the 
license  :  Provided,  that  no  license  to  keep  a  dramshop  in  any 
block  or  square  in  the  city  of  St.  Joseph  shall  be  granted  until 
a  majority  of  the  assessed  tax  paying  citizens  and  guardians  of 
minors,  resident  in  the  city  and  owning  property  in  the  block 
or  square,  shall  sign  a  petition  asking  for  such  license  to  keep 
a  dramshop  therein,  which  said  petition  shall  be  filed  in  the 
office  of  the  city  auditor,  and  said  petition  shall  be  good  for 
one  year,  and  in  default  of  renewing  said  petition,  said  city 
auditor  shall  have  no  power  to  issue  thereafter  such  license 
until  the  same  is  renewed.  \_G.  0.  No.  441?  Sec.  29. 

SEC.  9.  Certificate  of  assessor  required. — Before 
any  person  shall  be  entitled  to  receive  a  license  as  a  dramshop 
keeper  he  shall  present  to  the  city  auditor  the  certificate  of  the 
city  assessor  showing  the  owners  of  the  property,  the  written 
consent  of  a  majority  of  whom  he  is  required  to  obtain,  as 
provided  and  required  herein.  [G.  O.  No.  441>  8ec-  $0. 

SEC.  10.  Certificate  to  be  furnished  upon  appli- 
cation.— The  city  assessor  shall  furnish  the  certificate  required 
in  the  preceding  section  upon  application  therefor  by  any  per- 
son desiring  a  license  as  dramshop  keeper,  and  shall  keep  in 
his  office  a  permanent  record  of  all  such  certificates  so  issued 
by  him.  [G.  0.  ffo,  441,  Sea.  31. 


304  GENERAL  ORDINANCES. 

SEC.  11.  To  be  kept  at  place  designated  in 
license — provision  for  removal — No  person  shall  under 
such  license  keep  a  dramshop  at  any  place  other  than  the  one 
designated  in  such  license :  Provided,  that  he  may  remove 
the  carrying  on  of  such  business,  during  the  continuation  of 
such  license,  from  the  tenement  designated  therein  to  any  other 
tenement  in  the  city,  by  obtaining  the  written  consent  of  a 
majority  of  such  assessed  owners  in  the  block  or  square  in 
which  the  tenement  to  be  occupied  is  situated,  as  are  residents 
of  the  city,  as  in  the  first  instance,  but  such  removal  and  the 
date  thereof  shall  be  endorsed  by  the  city  auditor  on  such 
license,  and  it  shall  be  the  duty  of  any  dramshop  keeper  so 
removing,  to  present  his  license  to  the  city  auditor  for  endorse- 
ment before  such  removal.  '[#.  0.  No.  441,  Sec.  32. 

SEC.  12.  License  to  be  framed  and  posted. — Each 
dramshop  keeper  licensed  under  the  provisions  herein,  shall 
immediately  cause  such  license  to  be  framed,  and  to  be  and 
remain  posted  upon  some  conspicuous  part  of  the  room  or  bar 
kept  or  used  as  a  dramshop.  \_G.  O.  No.  441,  Sec-  $$• 

SEC.  13.     Selling  liquor  to  minors  prohibited— 

penalty. — Every  dramshop  keeper  who  shall  sell,  give  away 
or  otherwise  dispose  of,  or  suffer  the  same  to  be  done  about 
his  premises,  any  intoxicating  liquors  in  any  quantity  to  any 
minor  without  the  permission  of  the  parent,  master  or  guardian 
of  such  minor  first  had  and  obtained,  or  who  shall  have  in  his 
employ  about  his  dramshop,  or  who  shall  permit  any  person 
under  the  age  of  twenty-one  years  to  frequent  or  remain  about 
such  dramshop,  or  who  shall  permit  any  bawd,  lewd  woman  or 
prostitute  to  frequent  such  dramshop,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  twenty  nor  more  than  one  hundred  dollars.  \_G. 
O.  No.  441,  Sec.  34. 

SEC.  14.  Keeping  open  on  Sunday,  election  day, 
etc.,  prohibited — penalty. — Any  person  who  shall  have  a 
license  as  a  dramshop  keeper,  who  shall  keep  open  such  dram- 


DKAM  SHOPS.  305 

shop,  or  who  shall  sell,  give  away  or  otherwise  dispose  of,  or 
suffer  the  same  to  be  done  upon  or  about  his  premises,  any 
intoxicating  liquors,  in  any  quantity,  on  the  first  day  o|  the 
week,  commonly  called  Sunday,  or  on  any  election  day  for  the 
choice  of  presidential  electors,  state,  county  or  city  officers, 
shall  upon  conviction  thereof  be  punished  by  fine  as  follows  : 
For  the  first  oftense  not  less  than  twenty  dollars  nor  more  than 
one  hundred  dollars  ;  for  the  second  offense  not  less  than  thirty 
dollars  nor  more  than  one  hundred  and  fifty  dollars  ;  for  the 
third  offense  not  less  than  fifty  dollars  nor  more  than  two  hun- 
dred dollars  ;  and  in  addition  to  the  fine  in  the  third  offense, 
such  judge  of  the  police  court  or  other  court  before  whom  such 
person  is  tried,  shall  declare  such  license  forfeited  to  the  city 
of  St.  Joseph,  and  thereafter  it  shall  be  unlawful  for  such 
licensee  or  any  other  person  to  do  business  under  such  forfeited 
license  ;  and  the  person  to  whom  such  license  was  issued  shall 
not  be  permitted  to  receive  another  as  dramshop  keeper  for  a 
period  of  six  months,  [G.  O.  No.  441*  Sec.  35. 

SEC.    15.      Conditions    under    which    license   is 

granted — penalty. — Every  license  as  a  dramshop  keeper 
shall  be  granted  upon  condition  that  the  holder  thereof  shall 
close  his  place  of  business  whenever  the  mayor  by  proclama- 
tion shall  so  order,  and  for  such  length  of  time  as  he  may  order, 
not  exceeding  forty-eight  hours  at  any  one  time.  Any  person 
violating,  failing,  neglecting  or  refusing  to  comply  with  any  of 
the  provisions  of  this  section,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  less 
than  twenty  dollars  nor  more  than  one  hundred  dollars.  [G. 
0.  No.  441,  Sec.  36. 

SEC.  16.  Performing  on  musical  instruments, 
sparring,  boxing,  wrestling,  gaming  tables,  etc., 
prohibited — penalty. — A  dramshop  keeper  shall  not  keep, 
exhibit,  use  or  suffer  to  be  used  in  his  dramshop,  any  piano, 
organ  or  other  musical  instrument  whatever,  for  the  purpose  of 
performing  upon  or  having  the  same  performed  upon  in  such 


306  GENERAL  ORDINANCES. 

dramshop  ;  nor  shall  he  permit  any  sparring,  boxing,  wrestling, 
or  other  exhibition  or  contest  or  cock  fight,  in  his  dramshop  ; 
and  it  shall  be  unlawful  for  any  dramshop  keeper  to  set  up, 
keep,  use  or  permit  to  be  kept  or  used,  in  or  about  the  prem- 
ises of  his  dramshop,  by  any  other  person,  or  run  or  to  be  run 
in  connection  with  such  dramshop,  in  any  manner  or  form 
whatever,  any  gaming  tables,  bowling  or  ten  pin  alley,  cards, 
dice  or  other  device  for  gaming  or  playing  any  game  of  chance, 
excepting  billiard  tables  and  pool  tables  ;  and  the  keeper  of 
such  dramshop  shall  not  permit  any  person  in  or  about  his 
dramshop  to  play  upon  any  such  table  or  alley  or  with  cards, 
dice  or  any  gambling  device  of  any  kind.  Every  person  vio- 
lating any  provision  of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars.  [G. 
O.  No.  l  Sec.  37. 


SEC.  17.     Employment   of   lewd  women  prohib- 

ited. —  No  dramshop  keeper  shall  employ  or  allow  any  lewd 
woman  or  woman  having  the  reputation  of  being  a  prostitute, 
as  a  carrier  of  beer,  liquors,  cigars  or  any  other  article,  or  to 
sing  or  dance  in  such  house  or  place,  or  to  allow  any  such 
woman  to  act  as  bar  tender  in  any  such  house  or  place,  under 
a  penalty  of  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars.  [G.  O.  No.  441,  Sec.  38. 

SEC.  18.     Dramshop  not  to  be  licensed  in  house 

of  ill  fame.  —  No  dramshop  shall  be  licensed  or  permitted  to 
be  kept  or  maintained  in  any  house  or  building  used  for  the 
purpose  of  prostitution,  or  as  a  house  of  assignation  or  ill 
fame.  [G.  0.  No.  441,  Sec.  39. 

SEC.  19.     Sale  of  intoxicating  liquors  in  theaters 

prohibited.  —  It  shall  be  unlawful  for  any  person  or  persons 
to  sell,  solicit,  barter  or  give  away  any  intoxicating  liquor  on 
the  floor,  in  the  boxes  or  among  the  audience  of  any  theater 
or  variety  show  or  minstrel  performance  in  the  city  of  St. 
Joseph.  \G.  0.  No.  441,  Sec.  40. 


DRAM  SHOPS.  307 

SEC.  20.  Penalty. — Whoever  shall  violate  any  of  the 
provisions  hereof  as  relating  to  dramshop  keepers,  where  no 
special  penalty  is  provided,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars.  [G.  0.  JVo. 
441,  Sec.  41. 

SEC.  21.  Auditor  and  treasurer  to  report  to 
county  monthly. — It  shall  be  the  duty  of  the  city  auditor 
to  report  to  the  collector  of  Buchanan  county  monthly  the 
number  of  dramshop  licenses  issued  during  the  month,  together 
with  a  list  of  the  persons  procuring  such  license,  and  the 
amount  due  the  state  and  county  on  the  same,  said  report  to 
be  made  not  later  than  the  second  day  of  the  month  next  suc- 
ceeding that  in  which  the  licenses  were  issued  ;  and  it  is  hereby 
made  the  duty  of  the  city  collector  to  pay  over  to  said  county 
collector  the  amount  due  said  state  and  county  as  shown  by 
said  city  auditor's  report,  on  or  before  the  fourth  day  of  the 
month  next  succeeding  that  in  which  such  license  fees  were 
collected,  and  to  take  said  county  collector's  receipt  therefor. 
[G.  O.  No.  441,  Sec.  42. 

SEC.  22.  License  may  be  revoked. — Whenever  it 
shall  be  shown  to  the  mayor,  upon  the  written  statement  of 
three  or  more  reputable  property  owners,  subscribed  and  sworn 
to,  that  any  dramshop  keeper  has  not  kept  at  all  times  an 
orderly  house,  the  mayor  shall  at  once  notify  such  dramshop 
keeper  to  appear  before  him,  and  he  shall  investigate  the 
charges  preferred.  If  satisfied  of  the  truth  of  -the  statement 
*made,  he  shall  revoke  the  license  of  such  dramshop  keeper, 
and  if  requested  by  such  dramshop  keeper  he  shall  forthwith 
place  the  papers  in  the  hands  of  the  city  attorney  with  instruc- 
tions to  institute  proceedings  in  the  police  court  against  such 
dramshop  keeper,  and  if  on  the  trial  of  such  case  the  dramshop 
keeper  shall  be  acquitted,  the  revocation  of  such  license  by  the 
mayor  shall  be  null  and  void  ;  provided,  that  the  city  auditor 
shall  not  grant  a  license  to  any  person  whose  license  has  been 


308 


GENERAL  ORDINANCES. 


re\7oked,  or  who  has  been  convicted  more  than  one  time  during 
the  year  preceding  his  application  for  a  dramshop  license  for 
violation  of  any  ordinance  relating  to  dramshops,  or  has  had 
in  his  employ  in  his  business  of  dramshop  keeping  any  person 
whose  license  has  been  revoked.  \_G.  0.  No.  544,  $ec-  1- 


CHAPTER  XXVI. 

ELECTIONS. 


SECTION. 

1.    Elections,    where   held,    how   gov- 
erned, etc. 

Proclamation  for,  how  published. 

Judges,    appointment   of,  form   of 
oath. 

When  voters  may  elect  judges. 

Clerks,  appointment  of,  how  sworn. 

City  clerk  to  notify  judges ;  furnish 
ballot  boxes,  poll  books,  etc. 

Manner  of  conducting  elections. 

Ballots,    ballot  boxes,  etc.,  to  be 
returned  to  city  clerk. 

Rejected   ballots  to   be    preserved 
and  returned. 

City  clerk  and  justices  to  cast  up 
result,  etc. 

Certificate  of  election  to  be  issued. 


10. 


SECTION. 

12.  Judge    or   clerk    quitting   service, 

penalty. 

13.  Judge  or  clerk  sick,  another  to  be 

selected. 

14.  Ballots  not  to  be  examined. 

15.  Judges  to  preserve  order  and  com- 

mand arrests. 

16.  Compensation  of  judges  and  clerks. 

17.  Chief  of  police  to  provide  officers, 

etc. 

18.  Penalty  for  seizing  ballot  box. 

19.  Judges  to  have  copy  of  this  chapter. 

20.  Tie  vote,  how  settled  by  lot. 

21.  Same  laws  govern  special  election. 

22.  Vacancies,  how  filled. 

23.  Special  election  to  be  called . 


11. 


SECTION  1.     Elections  governed,  by  what  laws.— 

All  elections  held  for  city  officers  or  city  purposes  in  the  city 
of  St.  Joseph,  shall  be  held  at  such  place  or  places  in  each 
ward  as  the  mayor  and  common  council  may  by  ordinance 
direct,  and  according  to  the  regulations  prescribed  by  the  laws 
of  the  state  governing  registration  and  elections,  and  the  pro- 
visions of  this^ordi nance.  \_G.  0.  No.  534,  Sec.  1. 

SEC.  2.  Notice,  how  given. — The  mayor  shall,  by* 
proclamation,  give  seven  days  public  notice  of  the  time  and 
place  of  holding  any  general  or  special  election,  by  publication 
in  at  least  two  of  the  daily  papers  of  the  city,  one  of  which 
shall  be  the  official  paper  of  the  city,  if  there  be  one.  [  G.  0. 
No.  534,  Sec.  2. 

SEC.  3.     Judges,  appointment  of — form  of  oath. 
— The   common    council    shall,    at   least    seven   days    before 


ELECTIONS.  309 

the  day  set  for  holding  an  election,  appoint  six  judges  of  elec- 
tion for  each  place  of  voting  in  the  several  wards  ;  three  of 
the  judges  shall  be  taken  from  the  political  party  that  polled 
the  largest  number  of  votes  at  the  last  preceding  general  elec- 
tion, and  three  of  the  judges  from  the  party  that  polled  the  next 
largest  vote.  Said  judges  shall,  before  entering  upon  their 
duties,  take  the  following  oath  :  "I  do  solemnly  swear  that 
1  will  faithfully  and  impartially  discharge  the  duties  of  judge 
of  the  present  election,  according  to  law,  and  that  I  will  not 
disclose  how  any  voter  shall  have  voted,  unless  I  am  required 
to  do  so  as  a  witness  in  the  proper  judicial  proceeding,  and 
that  I  will  not  allow  any  person  to  vote  whose  name  is  not 
duly  registered  according  to  law,  so  help  me  God;"  which 
oath  may  be  administered  by  some  officer  authorized  to  admin- 
ister oaths,  or  by  one  of  their  own  body  who  in  turn  may  be 
sworn  by  one  of  the  other  judges.  \_G.  0.  No.  534,,  Sec.  3. 

SEC.  4.     Voters  may  elect  judges,  when. — If  any 

person  appointed  to  act  as  a  judge  fail  to  be  present  at  the 
place  of  election  at  the  time  of  opening  the  polls,  or  being 
present,  declines  serving,  the  voters  then  and  there  present  to 
the  number  of  ten  or  more  may  elect  a  qualified  person  to  act 
as  judge  of  that  election.  [G.  O.  No.  53^  Sec.  4. 

SEC.  5.     Clerks,  appointment  of — how  sworn. — 

The  judges  of  any  election  shall,  before  opening  the  polls, 
appoint  four  suitable  persons,  qualified  voters  of  the  ward,  to 
act  as  clerks  of  the  election,  who  shall  take  an  oath  or  affirma- 
tion, to  be  administered  by  one  of  the  judges  of  the  election, 
that  they  will  faithfully  record  the  names  of  all  the  voters, 
and  also  take  the  oath  above  prescribed  for  the  judges  ;  but  no 
officer  of  the  city,  or  candidate  for  any  city  office,  shall  be  judge 
or  clerk  of  any  city  election.  \_G.  O.  No.  53^  Sec.  5. 

SEC.  6.  City  clerk  to  notify  judges,  deliver  bal- 
lot boxes  and  poll  books,  etc. — The  city  clerk  shall,  at 
least  three  days  before  the  day  set  for  holding  an  election, 


310  GENERAL  ORDINANCES. 

cause  notice  of  their  appointment  to  be  given  to  the  judges,  to 
one  of  whom  he  shall  deliver,  one  day  before  the  election,  two 
ballot  boxes,  to  be  designated  as  number  one  and  number  two, 
and  blank  poll  books  with  the  necessary  certificates  written  or 
printed  in  blank  therein,  together  with  a  list  of  registered 
voters  resident  within  the  voting  precinct  and  entitled  to  vote 
therein  at  said  election  duly  certified  by  the  clerk  of  the  county 
court,  to  be  used  by  the  judges  of  the  election,  which  cer- 
tified lists  of  registered  voters  the  city  clerk  shall  obtain  of 
the  county  clerk  at  the  expense  of  the  city  for  that  purpose. 
[#.  0.  No.  63h  Sec.  6. 

SEC.   7.     Manner   of   conducting   elections. — The 

judges  and  clerks  of  any  election  shall  proceed  to  conduct  the 
election  and  perform  their  respective  duties  as  provided  by  the 
general  laws  of  the  state  and  ordinances  of  this  city.  [G.  O. 
No.  63h  Sec.  7. 

SEC.  8.  Ballots,  ballot  boxes,  etc.,  return  of  to 
city  clerk. — The  ballots  shall,  at  the  close  of  the  count  be 
replaced  in  the  ballot  box,  which  shall  be  locked  and  safely 
sealed  up  and  not  reopened  by  them  or  with  their  consent 
thereafter  ;  and  the  judges  shall,  by  one  of  their  body,  at  ten 
o'clock  of  the  day  next  following  the  election,  deliver  the 
ballot  box  and  registration  lists  and  poll  books,  with  certifi- 
cates, to  the  city  clerk  at  his  office.  \_G.  O.  No.  534,  Sec.  8. 

SEC.  9.     Rejected   ballots   to  be  preserved  and 

returned. —  All  rejected  ballots  shall  be  preserved  and 
returned  with  the  books  and  other  ballots  in  a  separate  envelope 
marked  "rejected  ballots,"  and  the  city  clerk  shall  preserve 
the  same  for  twelve  months  in  his  office.  \_G.  O.  No.  534, 
Sec.  9. 

SEC.  10.  City  clerk  and  justices  to  cast  up  re- 
sult, etc. — On  the  day  succeeding  that  on  which  any  general 
or  special  election  shall  be  held,  or  as  soon  as  the  returns  of 
any  such  election  shall  be  made  to  him  by  the  judges  thereof, 
it  shall  be  the  duty  of  the  city  clerk  to  call  in  two  justices  of 


ELECTIONS.  311 

the  peace,  and  shall,  in  connection  with  such  justices  of  the 
peace,  proceed  to  can'vass  and  verify  the  returns  of  the  judges 
and  clerks  of  any  such  election,  and  shall  certify  the  result  to 
the  common  council  at  the  next  succeeding  session  thereof, 
stating  the  name  of  each  person  voted  for,  the  office  for  which 
he  is  voted  for  and  the  aggregate  number  of  votes  given  to  each 
person,  and  who  are  elected,  which  certificate  shall  be  signed 
by  them.  Said  justices  of  the  peace  shall  be  entitled  to  have 
and  receive  out  of  the  city  treasury  the  sum  of  five  dollars 
each  for  their  services.  [G.  O.  No.  53^,  Sec.  10. 

SEC.  11.     Certificate  of  election  to  be  issued.— 

The  city  clerk  shall,  on  the  next  day  after  making  the  certificate 
aforesaid,  make  out  and  deliver  a  certificate  of  election,  under 
the  seal  of  the  city,  which  certificate  shall  be  signed  by  the 
mayor  and  attested  by  him,  to  each  person  elected,  setting 
forth  the  office  to  which  he  is  elected.  \_G.  0.  No.  53^  Sec.  11. 

SEC.  12.  Judge  or  clerk  quitting  service — pen- 
alty.— Any  judge  or  clerk  of  election  who  shall  have  com- 
menced serving  as  such,  and  shall  fail  to  perform  any  of  the 
duties  enjoined  on  him  by  law  or  ordinance,  except  as  herein- 
after provided,  shall  forfeit  arid  pay  a  sum  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars.  [G.  O.  No.  53^ 
Sec.  12. 

SEC.  13.  Judge  or  clerk  sick,  another  to  be 
selected. — If  any  judge  or  clerk  of  election,  after  entering 
upon  the  discharge  of  his  duties,  shall,  by  sickness  or  other 
personal  disability,  be  rendered  unable  to  continue  to  act, 
another  may  be  appointed  in  his  place  ;  if  a  judge,  by  the 
qualified  voters  to  the  number  of  ten  or  more  present ;  if  a 
clerk,  by  the  judges.  In  such  case  the  person  substituted  shall 
make  oath  as  hereinbefore  required,  and  the  fact  of  substitution 
and  the  time  when  it  took  place  shall  be  noted  in  the  poll 
book  by  the  clerks.  [#.  0.  No.  53^  Sec.  13. 

SEC.  14.  Ballots  not  to  be  examined. — No  judge 
or  clerk  of  election  shall  examine  or  suffer  any  one  to  examine 


312  GENERAL  ORDINANCES. 

the  ballot  of  any  voter  handed  in  to  be  deposited  in  the  ballot 
box,  before  placing  the  same  therein,  or  permit  any  one  but 
the  voter  handing  the  same  in,  or  one  of  the  judges,  to  handle 
the  same,  or  allow  any  person  but  one  of  the  judges  to  handle 
a  ballot  box,  under  a  penalty  of  not  less  than  twenty-five  nor 
more  than  five  hundred  dollars.  [G.  0.  No.  53^  Sec.  1%.. 

SEC.  15.  Judges  to  preserve  order  and  com- 
mand arrests. — The  judges  shall  have  power  to  preserve 
order  at  the  polls,  and  to  command  the  officer  in  attendance  to 
arrest  and  take  before  the  judge  of  the  police  court  any  person 
who  shall,  by  violent  and  turbulent  conduct,  or  in  any  other 
manner  interfere  with,  hinder,  obstruct,  disturb  or  delay  the 
judges  or  clerks  in  the  discharge  of  their  duties,  or  any  voter 
exercising  the  privilege  of  voting  ;  and  for  any  such  offense 
the  offender  shall  forfeit  and  pay  a  sum  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars.  [G.  0.  No.  53^  Sec.  15. 

SEC.   16.     Compensation  of  judges  and  clerks.— 

Each  judge  and  clerk  of  election  shall  be  entitled  to  receive 
the  sum  of  three  dollars  for  each  day  he  may  be  employed  in 
holding  an  election,  counting  the  ballots  and  certifying  the 
vote,  and  no  judge  or  clerk  shall  be  allowed  more  than  one 
day's  service,  except  the  judge  who  shall  return  to  the  clerk's 
office  the  ward  or  precinct  ballot  box  of  said  election,  who 
shall  be  allowed  an  extra  half  day's  service,  the  total  compen- 
sation of  said  returning  judges  to  be  in  all  four  dollars  and 
fifty  cents,  and  the  city  clerk  shall  certify  to  the  auditor  the 
amount  due  to  each  judge  and  clerk,  whereupon  the  auditor 
shall  draw  a  warrant  on  the  treasurer  in  favor  of  each  person 
for  the  amount  due  him.  \_G.  0.  No.  53J+,  Sec.  16. 

SEC.  17.     Chief  of  police  to  provide  officers,  etc. 

— It  shall  be  the  duty  of  the  chief  of  police  to  station  suitable 
and  a  sufficient  number  of  police  officers  at  each  place  of  hold- 
ing an  election,  for  the  purpose  of  preserving  order  and  deco- 
rum, and  to  enforce  the  lawful  commands  of  the  judges  of 
election.  [#.  O.  534,,  Sec.  17. 


ELECTIONS.  313 

SEC.  18.  Seizing  ballot  box — penalty. — Whoever 
shall,  at  any  election,  seize  or  attempt  to  seize  a  ballot  box 
or  poll  book,  with  the  purpose  of  carrying  off  the  same  by 
force,  shall  forfeit  and  pay  a  sum  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  [(r.  O.  No.  53^ 
Sec.  18. 

SEC.  19.     Judges  to  have  a  copy  of  this  chapter.— 

It  shall  be  the  duty  of  the  city  clerk  to  deliver  a  copy  of  this 
ordinance  to  at  least  one  of  the  judges  of  election  in  the  several 
wards  of  this  city  at  least  one  day  previous  to  any  election. 
[#.  0.  No.  634,  Sec.  19. 

SEC.  20.  Tie  vote,  how  determined  by  lot. — When 
two  or  more  persons  shall  have  an  equal  number  of  votes  for 
the  office  of  mayor,  or  for  any  other  elective  office,  the  city 
clerk  and  justices  after  canvassing  the  returns  shall  certify  the 
same  to  the  common  council,  who  shall  proceed  to  determine 
the  same  by  lot  in  the  following  manner  :  They  shall  cause 
twelve  separate  ballots  or  slips  of  paper  to  be  prepared,  equal 
in  size  and  similar  in  appearance,  the  name  of  each  candidate 
to  be  written  upon  an  equal  number,  and  neatly  folded  with 
the  name  upon  the  inside,  and  being  so  prepared,  shall  be  put 
in  a  box  and  well  mixed  ;  eleven  of  which  ballots  or  slips 
being  prepared  as  aforesaid,  shall  be  then  drawn  out  by  the 
city  clerk  and  counted  as  votes,  and  the  person  whose  name  is 
upon  a  majority  of  the  ballots  so  drawn  shall  be  declared 
elected.  But  if  the  tie  be  in  the  election  of  an  alderman,  the 
parties  named  in  such  certificates  shall  immediately,  in  the 
presence  of  the  common  council,  determine  by  lot  their  respec- 
tive rights  ;  but  upon  failure  from  any  cause  to  do  so,  the  same 
shall  be  determined  as  in  this  section  provided  for  determining 
other  cases.  [G.  0.  No.  53^  Sec.  W. 

SEC.  21.     Same  laws  govern   special  election.— 

The  provisions  of  all  laws  and  ordinances  in  regard  to  general 
elections  shall,  as  far  as  practicable,  govern  special  elections. 
As  many  vacancies  as  exist  at  any  one  time  shall  be  filled  at 


314 


GENERAL  ORDINANCES. 


one  election  and  under  one  proclamation.  The  registration 
lists  of  the  general  election  next  preceding  any  special  election 
shall  be  furnished  to  the  judges  at  such  special  election  to  be 
used  as  in  case  of  a  general  election.  \_G.  O.  No.  534-,  Sec.  21. 

SEC.  22.  Vacancies — how  filled. — When  a  vacancy 
occurs  in  any  elective  office,  except  that  of  mayor,  within  one 
hundred  days  next  preceding  a  general  city  election,  the  office 
shall  be  filled  by  appointment  of  the  mayor;  but  when  any 
such  vacancy  occurs  more  than  one  hundred  days  next  before  a 
general  election,  or  if  a  vacancy  shall  occur  in  the  office  of 
mayor  more  than  one  hundred  days  next  before  such  general 
election,  a  special  election  shall  be  had  to  fill  such  vacancy. 
[G.  0.  No.  534,  Sec.  m. 

SEC.  23.  Special  election,  proclamation  for.— 
Within  a  reasonable  time  after  notice  of  a  vacancy,  the  mayor, 
or  if  the  vacancy  be  in  the  mayor's  office,  the  president  of  the 
council  shall  issue  his  proclamation  for  a  special  election,  fix- 
ing a  day  therefor,  which  shall  be  published  in  the  official 
newspaper  of  the  city  and  one  other  daily  paper  in  the  city,  for 
at  least  seven  days  next  preceding  the  day  so  fixed,  and  shall 
specify  the  office  or  offices  to  be  filled.  [  G.  O.  No.  534.,  Sec.  23. 

CHAPTER  XXVII. 

ELECTRICIAN— CITY  ELECTRICIAN. 


SECTION. 

1.  Electrician,    appointment  and   re- 

moval of. 

2.  Shall  attend  to  duties,    qualifica- 

tions, etc. 

3.  Shall    superintend    electric    light 

plant,    hire    and   discharge   em- 
ployes, etc. 

4.  Shall  require  electrical  wires,  poles, 

etc.,  upon  public  highways  to  be 
placed,  how. 

5.  Shall  keep  a  record  of  expenses. 

6.  Inspection  of  electrical  wires,  etc. 


SECTION. 

7.  Rules  for  electrical  wiring. 

8.  Altering  apparatus  or  wires,  elec" 

trician  must  be  notified. 

9.  Term     "electric"    or    "electrical 

wires"  defined. 

10.  Electrician  to  keep  record  of  in- 

spections and  issue  permits. 

11.  Appeal  from  decision  of  electrician 

to  be  arbitrated. 

12.  Certificates  of  inspection,  record  of. 

13.  Penalty. 


SECTION  1      Office   of  city   electrician   created— 

term  of — bond,  etc. — There  is   hereby  created,  in  and  for 
the    city    of  St.    Joseph,    the  office   of  city   electrician.     The 


CITY  ELECTRICIAN.  315 

mayor  by  and  with  the  consent  of  the  common  council,  shall 
appoint  some  suitable  person  to  fill  such  position.  The  city 
electrician  shall  hold  his  position  until  removed  for  cause  ; 
such  removal  to  be  effected  in  the  manner  provided  by  law  for 
the  removal  of  other  appointed  officers  of  the  city.  In  case  of 
a  vacancy  in  said  office,  it  shall  be  filled  by  appointment  as 
herein  provided.  The  city  electrician  shall  give  bond  in  the 
sum  of  five  thousand  dollars,  for  the  faithful  performance  of 
his  duties.  He  shall  receive  a  salary  of  twelve  hundred  dol- 
lars per  annum,  payable  monthly.  \_G.  0.  No.  351,  Sec.  1. 
Amended  G.  0.  No.  552. 

SEC.  2.  Qualifications  of — duties,  etc. — The  city 
electrician  shall  be  an  experienced  and  practical  electrician, 
and  shall  devote  his  time  and  personal  attention  to  the  duties 
of  his  office  as  defined  by  ordinance  now  or  hereafter  to  be 
passed.  He  shall  not  be  the  agent  or  employe  or  interested 
with  any  person  or  persons  dealing  in,  or  erecting  electrical 
work  of  any  kind.  [G.  0.  No.  351,  Sec.  2.  Amended  G.  O. 
No.  523. 

SEC.  3.  Shall  superintend  electric  light  plant- 
appointment  of  employes,  etc. — It  shall  be  the  duty  of 
said  city  electrician  to  personally  superintend  the  operation  of 
the  city  electric  light  plant,  and  under,  the  direction  of  the 
council  or  committees  acting  therefor,  shall  purchase  such 
supplies,  make  such  changes,  improvements,  extensions  or 
other  work  as  may  be  ordered  or  provided  for  by  ordinance, 
shall  meet  with  the  committees  when  required,  and  shall 
approve  all  correct  bills  created  on  account  of  said  department. 
He  shall  have  the  power  to  appoint  all  employes  at  the  street 
lighting  plant.  Any  employe  may  be  removed  by  the  city 
electrician  for  neglect  of  duty  or  other  cause  deemed  good  and 
sufficient  by  him.  [G.  O.  No.  351,  Sec.  3.  Amended  G.  O. 
No.  552. 

SEC.  4.  Shall  supervise  erection  of  poles,  wires, 
etc.,  for  electrical  purposes  upon  highways. — It  shall 
also  be  the  duty  of  said  city  electrician  to  require  that  all  elec- 


316  GENERAL  ORDINANCES. 

trical  wires,  poles  and  appliances  of  all  kinds  for  electrical 
purposes,  now  or  hereafter  to  be  erected  upon  the  streets, 
alleys  or  public  highways,  shall  be  placed  or  erected  as 
required  by  ordinance.  \_G.  O.  No.  351,  Sec  4. 

SEC.  5.  Record  of  expenditures. — Said  city  elec- 
trician shall  keep  a  set  of  books  showing  in  detail  all  expend- 
itures on  account  of  the  street  lighting  plant,  and  shall  make 
such  reports  as  may  be  called  for.  [G.  0.  No.  351,  Sec.  5. 

SEC.   6.     Inspection  of   electrical   wires,   etc.  - 

It  is  hereby  made  the  duty  of  the  city  electrician,  in  addition 
to  the  duties  now  required  of  him  by  the  ordinances  of  the 
city,  to  have  charge  of  the  enforcement  of  all  ordinances  now 
in  force  or  which  may  hereafter  be  passed  pertaining  to  the 
inspection  and  installation  of  electrical  apparatus  and  wires; 
to  see  that  no  electrical  current  is  turned  on  or  installed  in 
any  new  work  until  after  inspection  :  Provided,  that  nothing 
herein  contained  shall  be  construed  as  applying  to  old  work 
already  installed,  unless  the  electrician  is  called  upon  by  the 
owner  or  tenant  for  such  inspection,  when  the  same  inspection 
shall  be  made  as  is  required  of  new  work.  \_G.  O.  No.  492, 
Sec.  1. 

SEC.  7.  Rules  for  electrical  wiring. — All  electrical 
wires  shall  be  so  placed  and  arranged  that  they  would  still  be 
practically  insulated  in  the  event  of  their  insulating  covering 
getting  worn  away  or  removed,  and  rules  and  requirements  of 
the  National  Electrical  Light  Association  shall  be  strictly 
adhered  to.  [G.  0.  No.  492,  Sec.  2. 

SEC.  8.     Altering  apparatus  or  wires — electrician 

must  be  notified. — No  alteration,  change  or  addition  shall 
be  made  in  such  electrical  apparatus  or  wires  without  first 
notifying  the  city  electrician  and  subjecting  the  same  to  inspec- 
tion, subject  to  the  provisions  of  this  ordinance.  All  wires  to 
be  hidden  from  view  must  be  inspected  before  concealment ; 
and  the  parties  installing  such  wires  must  notify  the  city 


CITY  ELECTRICIAN.  317 

electrician,  giving  him  ample  time  to  make  such  inspection. 

[G.  0.  No.  492,  Sec.  3. 

SEC.  9.     Term  "  electric,"  or  "  electrical  wires," 

defined.  —  The  term  "electric"  or  "  electrical  wires,"  as  used 
in  this  ordinance,  shall  be  construed  to  mean  wires  that  are 
arranged  or  placed  in  or  on  any  building  or  support  and  designed 
to  be  used  as  conductors  of  electricity  for  any  purpose,  but 
especially  for  producing  light,  heat  or  power,  or  designed 
to  be  used  for  convenience  or  protection  against  tire,  in  con- 
nection with  such  generators,  electric  motors,  electric  wires, 
lamps,  switches,  cut-outs,  rheostats  and  other  devices.  [6r.  0. 
No.  492,  Sec.  4. 

SEC.  10.  Electrician  to  keep  record  of  inspec- 
tion—shall issue  permits.  —  The  city  electrician  shall 
make  and  keep  a  record  of  all  such  inspections  herein  men- 
tioned, giving  location,  date,  name  of  party  installing  electrical 
apparatus  or  wires,  for  whom  installed,  and  giving  a  general 
description  of  such  inspection  ;  and  when  this  ordinance  shall 
have  been  strictly  complied  with,  he  shall  make  and  deliver  to 
the  party  for  whom  the  inspection  was  made  a  certificate  of 
inspection,  giving  location,  date,  name  of  party  installing 
electrical  apparatus  or  wires,  and  for  whom  installed.  The 
city  electrician  shall  decide  all  questions  not  provided  for  in 
this  ordinance  pertaining  to  the  installing  of  electrical  apparatus 
or  wires.  [#.  0.  No.  l&Z,  Sec.  5. 


SEC.  11.  Appeal  from  decision  of  electrician- 
arbitrators.  —  Appeal  may  be  had  from  an  order  or  decision 
of  the  city  electrician  to  a  board  of  electricians  to  be  selected 
as  follows  :  One  to  be  selected  by  the  inspector,  one  to  be 
selected  by  the  appellant,  these  two  to  agree  on  and  select  the 
third  arbitrator  previous  to  considering  the  appeal,  said  third 
arbitrator  to  be  called  upon  on  failure  of  the  two  arbitrators 
to  agree,  the  loser  of  the  appeal  to  pay  the  costs  of  the  board 
of  appeals.  [G.  0.  No.  498,  Sec.  6. 


318  GENERAL  ORDINANCES. 

SEC.   12.     Certificates   of    inspection  -record   of 

inspection. — Certificates  of  inspection  shall  be  properly  made 
or  tilled  out  by  the  city  electrician  in  duplicate,  one  to  be 
delivered  to  the  party  for  whom  made  and  the  other  to  be  filed 
with  the  comptroller.  A  complete  record  of  all  inspections 
shall  be  kept  by  the  electrician  in  a  book  to  be  provided  by 
the  city.  [0.  O.  No.  492,  Sec.  7. 

SEC.  13.  Penalty. — Any  person  who  violates  or  fails  to 
comply  with  any  of  the  provisions  of  this  ordinance  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  twenty-five 
dollars,  and  to  a  like  penalty  for  each  day  during  which  he 
shall  continue  such  violation.  \_G.  O.  No.  J$%,  Sec.  8. 

CHAPTER  XXV1I1. 

ENGINEER— CITY  ENGINEER. 

SECTION  SECTION 

1.  Qualifications  of  city  engineer.  5.    Repairs,  materials  therefor,  regu- 

2.  General  duties.  lations  concerning. 

3.  Shall  keep  record  of  all  transac-  6.    Engineer  shall  certify  to  and  pub- 

tions,  etc.  lish  petitions   for   grading   and 

4.  Engineer  may  make  repairs,  how.  paving. 

SECTION  1.     Qualifications  of  city  engineer. — The 

city  engineer  shall  be  a  pers'on  well  skilled  in  the  science  of 
engineering  and  building  and  the  practical  application  thereof. 
He  shall,  in  addition  to  the  oath  prescribed  for  city  officers, 
take  an  oath  that  he  is  not  and  will  not  be,  during  his  continu- 
ance in  office,  directly  or  indirectly  interested  in  any  contract 
with  the  city  for  any  public  work.  [G.  0.  No.  414>  £>ec>  1- 

SEO.  2.  General  duties. — It  shall  be  the  duty  of  the 
city  engineer,  in  addition  to  the  duties  imposed  on  him  by  the 
general  laws  of  the  state  of  Missouri  : 

First.  To  examine  the  condition  of  all  streets,  sewers, 
alleys,  sidewalks  and  other  public  places,  and  keep  the  same 
in  good  repair. 


CITY  ENGINEER.  319 

Second.  To  cause  to  be  carried  into  effect  all  ordinances 
of  the  city  concerning  streets  and  public  places,  to  superintend 
and  construct  the  opening  and  improving  thereof,  and  to  pre- 
vent and  remove  all  obstructions  therein. 

Third.  To  prepare  plans,  specifications  and  estimates  of 
the  cost  of  all  public  or  district  sewers  ordered  by  the  common 
council  to  be  built,  and  to  have  control  of  their  construction. 

Fourth.  To  preserve  in  his  office  all  maps,  plats,  profiles 
and  surveys  of  the  city,  together  with  the  books,  papers  and 
letters  relating  thereto. 

Fifth.  To  furnish  the  common  council  from  time  to  time 
such  reports  as  they  may  require,  and  to  make  plans,  specifica- 
tions and  estimates  of  all  work  done  by  or  on  account  of  the 
city. 

Sixth.  To  report  to  the  common  council  all  violations  of 
any  contract,  and  to  suspend  the  execution  thereof  when  the 
contractor  fails  to  comply  with  the  terms  thereof,  or  with  the 
direction  of  the  city  engineer  in  relation  thereto. 

Seventh.  To  sign  all  contracts  on  behalf  of  the  city  for 
all  public  improvements  done  under  the  provision  of  any  ordi- 
nance, and  to  personally  superintend  the  execution  thereof. 

Eighth.  To  keep  a  record  of  all  special  tax  bills  issued 
for  condemnation  of  streets,  avenues  or  other  public  places, 
for  grading  streets  and  sidewalks,  for  curbing  and  guttering, 
for  the  construction  of  sewers,  and  such  other  records  as  may 
be  needed  in  connection  with  the  business  of  his  office. 

Ninth.  To  repair  all  bridges,  have  all  inlets  kept  open, 
and  also  to  have  all  railroads  keep  their  crossings  in  good 
repair.  [G.  O.  No.  414,  Sec.  %. 

SEC.   3.     Shall  keep   record  of  all  transactions, 

etc. — The  city  engineer  shall  keep  a  record  of  all  transactions 
carried  on  under  his  direction,  in  a  book  to  be  provided  by  the 
city,  and  which  record  shall  show  in  detail  the  number  of  men 


320  GENERAL  ORDINANCES. 

and  teams  employed,  the  number  of  days  each  were  employed 
and  the  place  where  employed.  The  record  so  kept  shall  be 
the  property  of  the  city,  and  at  all  times  subject  to  the 
inspection  of  the  proper  officers.  He  shall  make  a  report  to 
the  comptroller  on  the  first  of  every  month,  which  report  shall 
be  a  true  copy  of  the  record  kept  in  his  office,  and  which 
report  shall  be  certified  to  as  correct  by  the  city  engineer.  He 
shall,  with  the  consent  of  the  common  council,  employ  such 
assistants  as  may  be  necessary  to  do  the  work  in  his  depart- 
ment. [G.  0.  No.  4J4,  See.  3. 

SEC.  4.  Engineer  may  make  repairs  —  appro- 
priations.— All  necessary  repairs  to  streets,  sewers,  bridges  or 
culverts  may  be  made  by  day's  work  or  by  contract  as  in  the 
judgment  of  the  city  engineer  shall  be  for  the  best  interests  of 
the  city  ;  and  all  necessary  material  therefor  may  be  purchased 
by  the  city  engineer  on  behalf  of  the  city  from  time  to  time 
as  needed,  and  all  such  repairs  and  the  working  force  employed 
in  making  the  same,  shall  be  under  the  direction  and  control 
of  the  city  engineer.  The  city  council  shall,  in  the  general 
monthly  appropriation  ordinance  make  a  general  appropriation 
for  the  necessary  repair  of  streets,  sewers,  bridges  and  culverts 
during  the  next  ensuing  month,  and  the  city  engineer  is 
authorized  to  expend  the  amount  so  appropriated  for  the  pur- 
poses specified  during  the  month  for  which  the  appropriation 
is  made.  [G.  0.  No.  455,  Sec.  1. 

SEC.   5.     Repairs,  materials  therefor,  regulation 

concerning". — The  city  engineer  shall  not  in  any  month 
incur  any  liability  on  the  part  of  the  city  for  any  greater 
amount  than  the  sum  which  has  been  appropriated  for  repairs 
in  the  manner  specified  in  the  first  section  of  this  ordinance, 
and  he  shall,  at  the  close  of  each  fiscal  month,  make  out  a  pay 
roll  showing  the  names  of  all  persons  employed  by  him,  the 
time  which  each  worked  and  the  amount  due  therefor,  and 
shall  also  certify  to  the  appropriate  committee  all  claims  for 
material  purchased  by  him  during  the  month,  and  in  no  case 


INSPECTION  OF  FACTORIES.  321 

shall  the  city  comptroller  advertise  for  any  bids  for  the  making 
of  such  repairs  or  for  the  material  necessary  therefor.  [G.  O. 

No.  455,  Sec.  *& 

SEC.  6.  Engineer  shall  certify  and  publish  peti- 
tions for  grading  and  paving. — It  is  hereby  made  the 
duty  of  •  the  city  engineer  to  examine  all  petitions  for  the 
grading  and  paving  of  streets,  avenues  and  alleys  of  the  city 
of  St.  Joseph  before  the  printing  thereof,  and  if  said  petitions 
so  examined  shall  be  found  to  have  a  majority  of  the  resident 
property  owners  on  such  streets  legally  attached  thereto,  he 
shall  certify  to  such  fact,  and  shall  thereupon  order  said  peti- 
tion, with  certificate  attached,  published  for  five  days  succes- 
sively in  the  newspaper  at  the  time  doing  the  city  printing, 
the  cost  of  said  printing  to  be  paid  for  by  the  city  at 
the  same  rate  as  paid  for  other  city  printing.  [G.  O.  No. 
215,  Sec.  1. 

CHAPTER  XXIX. 

FACTORIES,  INSPECTION  OF. 

SECTION  1.    Inspection  of  factories,  etc. 

SECTION  1      Chief  of  fire  department  to  inspect.— 

In  addition  to  the  duties  now  imposed  upon  the  chief  of  the 
fire  department,  under  the  laws  and  the  ordinances  of  the  city, 
he  shall  perform,  without  additional  compensation,  the  duty  of 
inspector  of  factories,  and  shall  make  frequent  inspection  of  all 
manufacturing  and  mechanical  establishments  within  the  city 
employing  more  than  ten  persons,  and  shall  perform  all  duties 
imposed  by  law  or  which  may  be  imposed  by  ordinance  upon 
such  inspector.  [G.  O.  No.  1^18,  Sec.  1. 


322 


GENERAL  ORDINANCES. 


ARTICLE  I. 

II. 

III. 

IV. 

V. 


CHAPTER  XXX. 
FIRE  DEPARTMENT,  ETC. 

DEPARTMENT  AND  REGULATIONS. 
FIRE  LIMITS. 
FIRE  ESCAPES. 
PREVENTION  OP  FIRES. 
STORAGE  OF  COMBUSTIBLES. 

ARTICLE  I. 


DEPARTMENT  AND  REGULATIONS. 


SECTION 

1.  Fire  department  consists  of  what 

officers. 

2.  Chief  engineer  and  assistant  to  be 

appointed. 

3.  Tenure  of  office. 

4.  Foremen    and    members,  how   ap- 

pointed. 

5.  Qualifications  of  members. 

6.  Rules  and  regulations,  how  made. 

7.  Pay  roll  to  be  made  out  monthly. 

8.  Leave  of  absence  and  substitute. 

9.  Same ;  limit  on  leave  of  absence. 
10.    Duties  of  chief. 


SECTION 

11.  Duty  of  foreman  of  company. 

12.  Firemen   not   to   peddle   election 

tickets. 

13.  To  wear  uniform  and  obey  orders. 

14.  Cause  for  discharge. 

15.  Association  of  firemen  prohibited. 

16.  Loitering  around  engine  house  for- 

bidden. 

17.  Right   of   way  must   not   be   ob- 

structed. 

18.  Record  to  be  kept  by  chief. 

19.  Property  of,  when  and  how  sold. 

20.  Nuisances  to  be  reported  to  board 

of  health. 


SECTION  1.  Fire  department  consists  of. — The  fire 
department  of  the  city  of  St.  Joseph  shall  consist  of  one  chief 
engineer,  one  assistant  chief  engineer  and  one  foreman  for 
each  steam  fire  engine,  hose  and  hook  and  ladder  company, 
and  as  many  men  for  each  steam  fire  engine  company  not 
exceeding  five,  and  for  each  hose  company  not  exceeding  five, 
and  for  each  hook  and  ladder  company  not  exceeding  eight,  as 
the  chief  engineer  shall  from  time  to  time  deem  necessary,  by 
and  with  the  approval  of  the  committee  on  fire  department. 
[72.  0.  1888,  Chap.  26,  Art.  1,  Sec.  1. 

SEC.   2.     Chief    engineer    and    assistants.  —  The 

mayor  and  common  council  shall  appoint  a  chief  engineer  and 
two  assistant  chief  engineers  of  the  tire  department.  No  person 
shall  be  appointed  either  chief  engineer  or  assistant  chief 


FIRE  DEPARTMENT.  323 

engineer  unless  he  has  had  at  least  two  years'  experience  in 
some  fire  department,  and  can  read  and  write  and  speak  the 
English  language,  and  possesses  all  the  other  qualifications 
which  are  required  by  law  or  ordinance  before  entering  upon 
duty.  They  shall  take  the  oath  of  office  required  by  law,  and 
give  bond  in  such  amount  as  the  mayor  and  common  council 
may  require.  [R.  O.  1888,  Chap.  26,  Art.  1.  Amended  G. 
0.  No.  363. 

SEC.  3.  Tenure  of  office. —  The  chief  engineer  and 
assistant  chief  engineer  shall  hold  their  office  until  removed  for 
cause  ;  such  removal  to  be  effected  in  the  manner  provided  by 
law  for  the  removal  of  other  appointed  officers  of  the  city.  In 
case  of  a  vacancy  in  said  office,  it  shall  be  filled  by  appoint- 
ment in  the  manner  provided  by  section  two.  [/?.  O.  1888, 
Chap.  26,  Art.  1,  Sec.  3. 

SEC.  4.     Foreman  and  members,  how  appointed. 

—The  foreman  and  other  members  of  the  department  shall  be 
appointed  by  the  chief  engineer,  by  and  with  the  consent  of 
the  mayor  and  common  council.  They  may  be  removed  by 
the  chief  engineer  for  neglect  of  duty  or  other  cause  deemed 
good  and  sufficient  by  him,  and  shall  report  the  same  at  the 
first  session  of  the  council.  [R.  O.  1888,  Chap.  26,  Art.  1, 
Sec.  4. 

SEC.  5.  Qualifications  of  members. —  No  person 
shall  be  appointed  or  employed  as  a  member  of  the  fire  depart- 
ment, who  is  not  over  twenty-one  and  under  forty  years  of 
age,  a  citizen  of  the  United  States  and  a  legal  voter  of  the  city. 
And  all  officers  and  members  of  the  fire  department  shall  not 
engage  in  any  other  occupation  or  business  while  officers  or 
members  of  the  department.  [R.  O.  1888,  Chap.  26,  Art.  1, 
Sec.  5. 

SEC.   6.     Kules   and  regulations,  how  made. — It 

shall  be  the  duty  of  the  chief  engineer  of  the  fire  department 
to  make  rules  aud  regulations  for  the  proper  government  and 
discipline  of  the  members  of  the  department  as  he  may  deem 


324:  GENERAL  ORDINANCES. 

necessary,  from  time  to  time,  and  enforce  reasonable  penalties 
upon  such  members  for  any  violation  of  the  same  ;  but  no 
such  rules  and  regulations  shall  take  effect  until  the  same  shall 
be  approved  by  the  mayor  and  common  council,  [ft.  O.  1888, 
Chap.  %6,  Art.  1,  Sec.  6. 

SEC.  7.     Pay  roll  to  be  made  out  monthly. — The 

chief  engineer  of  the  fire  department  shall  make  out  and  pre- 
sent to  the  city  auditor  a  monthly  pay  roll  of  the  members  of 
the  fire  department,  showing  the  name  of  each  member,  the 
number  of  days  of  service  performed  by  him  or  his  legally 
appointed  substitute,  and  the  amount  of  compensation  due 
therefor.  Said  pay  roll  shall  be  certified  to  by  the  chief  engi- 
neer of  the  fire  department,  and  shall  have  attached  thereto 
his  affidavit  of  the  correctness  thereof,  and  shall  be  the  voucher 
upon  which  to  issue  warrants  upon  the  treasurer  to  pay  the 
members  of  said  department.  In  case  any  member  of  the  fire 
department  is  unable  to  perform  duty  for  a  period  not  exceed- 
ing ninety  days  in  consequence  of  any  injury  received  in  the 
performance  of  his  duties  as  a  member  of  the  department,  the 
chief  engineer  shall  report  such  fact  on  his  pay  roll,  and  when 
accompanied  with  the  certificate  of  the  city  physician,  that  the 
member  or  members  thereof  is  or  are  unable  to  perform  their 
duties  in  consequence  of  the  said  injuries,  the  auditor  shall 
draw  a  warrant  upon  the  treasurer  for  service  for  a  period  not 
exceeding  ninety  days.  [ft.  0.  1888,  Chap.  %6,  Art.  1,  Sec.  7. 

SEC.  8.     Leave   of   absence   and   substitute. — No 

member  of  the  fire  department  shall  be  granted  a  longer  leave 
of  absence  than  three  days  from  the  city  at  any  one  time,  except 
in  case  of  accident,  sickness  or  death,  without  first  procuring 
a  substitute  in  his  place,  who  shall  receive  the  same  pay  as  the 
member  whose  place  he  fills.  Every  appointment  of  a  substi- 
tute must  be  approved  by  the  chief  engineer  before  leave  of 
absence  is  granted  any  member.  The  time  served  by  any  sub- 
stitute legally  appointed,  shall  be  set  forth  on  the  pay  roll,  and 
the  auditor  shall  draw  a  warrant  upon  the  treasurer  for  the 


FIRE  DEPARTMENT.  325 

amount  due  him,  which  shall  be  deducted  from  the  monthly 
pay  of  the  absent   member.      [R.  O.  1888,    Chap.  26,  Art  1, 

Sec.  8. 

SEC.  9.  Same — limit  on  leave  of  absence. — Each 
member  of  the  department  may  be  granted  during  each  year, 
six  days  leave  of  absence  from  the  city,  not  exceeding  three 
days  at  any  one  time  :  Provided,  that  not  more  than  two 
members  shall  be  granted  such  leave  of  absence  at  the  same 
time  ;  said  leave  of  absence  to  be  granted  by  the  chief  engi- 
neer, and  no  deduction  shall  be  made  from  the  monthly  pay  of 
the  member  or  members  granted  such  leave  of  absence.  [7?. 
0.  1888,  Chap.  26,  Art.  1,  Sec.  9. 

SEC.  10.  Duties  of  chief. — The  chief  engineer  shall 
be  responsible  for  the  discipline,  good  order  and  proper  con- 
duct of  the  whole  fire  department,  the  enforcement  of  all  laws, 
ordinances  and  regulations  pertaining  thereto,  and  for  the  care 
and  condition  of  the  houses,  engines,  hose  carriages  and  all 
other  property  of  the  fire  department.  He  shall  have  the 
superintending  control  and  command  of  all  the  officers  and 
men  belonging  to  the  department,  of  all  the  engine  houses  and 
other  houses  used  for  the  purpose  thereof,  and  of  all  the 
engines  and  other  fire  apparatus  belonging  to  the  city.  He 
shall  likewise  have  control  of  all  persons  present  at  fires,  and 
to  that  end  act  as  ex-officio  chief  of  police  and  exercise  all  the 
powers  of  the  chief  of  police  thereat.  He  shall  wear  a  proper 
badge  of  office,  and  shall,  when  a  fire  breaks  out,  take  imme- 
diate and  proper  measures  for  its  extinquishment.  He  shall 
have  power,  if  need  be,  to  summon  any  or  all  persons  present 
to  aid  in  extinguishing  any  fire,  or  in  removing  any  personal 
property  from  any  building  on  fire  or  in  danger  thereof,  and  in 
guarding  the  same  ;  and  any  person  refusing  to  obey  such 
summons  shall  be  deemed  guilty  of  a  misdemeanor.  The  chief 
of  the  fire  department  shall  also  have  the  power  to  order  the 
cutting  down  and  removing  of  any  building,  erection,  fence  or 
other  things  if  he  shall  deem  it  necessary  for  the  purpose  of 


326  GENERAL  ORDINANCES. 

checking  the  progress  of  any  fire.  In  case  of  the  absence  of 
the  chief  engineer  from  any  fire,  the  assistant  chief  of  the 
department  shall  for  the  time  have  the  powers  and  perform 
the  duties  of  such  chief.  The  chief  engineer  of  the  tire 
department,  or  the  assistant  chief  in  command,  may  prescribe 
limits  in  the  vicinity  of  any  fire  within  which  no  person 
excepting  those  who  reside  therein,  or  members  of  the  fire  and 
police  departments,  and  those  admitted  by  order  of  the  officers 
of  the  fire  department  or  police,  shall  be  permitted  to  come. 
[JR.  O.  1888,  Chap.  26,  Art.  1,  Sec.  10. 

SEC.  11.  Duty  of  foreman  of  company. — It  shall 
be  the  duty  of  the  foreman  of  each  company  to  see  that  the 
engme,  fire  apparatus  and  other  property  belonging  to  the 
department  and  committed  to  his  care,  and  the  building  or 
buildings  in  which  the  same  are  located,  are  kept  neat  and 
clean  and  in  good  condition  for  immediate  use.  He  shall  pre- 
serve order  and  discipline  at  all  times  in  his  company,  and 
enforce  the  strict  observance  of  the  ordinances  pertaining  to 
the  department  and  the  rules  and  regulations  thereof.  All  such 
foremen  shall  keep  such  books  and  records  as  the  chief 
engineer  may  require.  Any  foreman  or  other  member  of  the 
department  who  shall  refuse  or  neglect  to  obey  the  orders  of 
the  ichief  engineer  shall  be  discharged  from  the  service.  In 
the  absence  of  the  foreman  of  any  company,  the  chief  engineer 
shall  appoint  some  member  of  the  department  to  fill  his  place 
and  perform  his  duties  during  his  absence.  [7?.  O.  1888, 
Chap.  26,  Art.  1,  Sec.  11. 

SEC.  12.     Not  to  peddle  tickets  or  electioneer.— 

No  member  of  the  fire  department  shall  take  part  in  any  elec- 
tion by  peddling  tickets  or  electioneering  in  any  manner. 
[72.  O.  1888,  Chap.  26,  Art.  *1,  Sec.  12. 

SEC.  13.     To  wear  uniform  and  obey  orders.— 

All  members  of  the  fire  department  shall  perform  such  duties 
as  may  be  required  of  them  by  the  chief  or  assistant  chief 
engineer,  or  the  foreman  of  their  respective  companies,  and 


FIRE  DEPARTMENT.  327 

shall  wear  such  uniforms,  caps,  badges  and  other  insignia  as 
the  chief  engineer  and  committee  on  fire  department  may 
direct.  [B.  O.  1888,  Chap.  26,  Art.  1,  Sec.  13. 

SEC.  14.  Causes  for  discharging,  etc. — Any  officer 
or  member  of  the  fire  department  neglecting  or  refusing  to 
pay  a  just  debt  contracted  during  his  connection  with  the 
department,  shall  be  discharged  from  the  service  ;  but  no  offi- 
cer or  member  shall  be  discharged  on  account  of  his  religious 
or  political  principles.  [B.  O.  1888,  Chap.  26,  Art.  1,  Sec.  U. 

SEC.  15.     Association  of  firemen  prohibited. — No 

association,  club  or  organized  society  of  firemen  as  such,  shall 
be  permitted  to  exist  except  for  benevolent  purposes.  [R.  O. 
1888,  Chap.  26,  Art.  1,  Sec.  15. 

SEC.  16.  Loitering  around  engine  house  for- 
bidden.—  Persons  not  members  of  the  fire  department  are 
forbidden  to  meet  or  loiter  around  the  engine  houses  or  other 
houses  used  by  the  department.  Men  on  duty  at  such  houses 
who  allow  the  same  shall  be  subject  to  dismissal.  [R.  O. 
1888,  Chap.  26,  Art.  1,  Sec.  16. 

SEC.  17.     Right  of  way  must  not  be  obstructed.— 

All  fire  apparatus  shall  have  the  right  of  way  upon  any  street, 
avenue  or  highway  when  going  to  any  alarm  of  fire.  Any 
person,  owner,  driver,  conductor  or  engineer  of  any  buggy, 
wagon,  carriage,  street  railroad  car,  steam  railroad  car  or  other 
vehicles  propelled  by  hand,  horse  or  steam  power,  who  shall 
carelessly,  wantonly,  maliciously  or  otherwise  obstruct  or  inter- 
cept the  right  of  way  of  the  fire  department  while  going  to  a 
fire,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, be  fined  not  less  than  five  nor  more  than  twenty  dollars. 
[R.  O.  1888,  Chap.  26,  Art.  1,  Sec.  17. 

SEC.  18.  Records  to  be  kept  by  chief. — The  chief 
engineer  shall  keep  or  cause  to  be  kept  in  suitable  books,  a 
record  of  the  names,  ages  and  residences  of  all  the  members 
of  the  fire  department,  the  time  of  their  admission  and  discharge 


328  GENERAL  ORDINANCES. 

and  an  inventory  of  all  property  belonging  to  the  department. 
He  shall  also  keep  a  record  of  every  fire  that  may  occur, 
showing  what  property  was  destroyed,  giving  its  description, 
name  of  owner  and  occupant,  where  situated,  its  value,  the 
amount  of  loss  and  insurance.  He  shall  also  keep  a  record  of 
false  alarms  of  fires,  of  the  expense  connected  with  the  depart- 
ment and  each  company  thereof,  and  of  such  facts  as  he  may 
deem  of  value  to  be  preserved  at  the  close  of  each  year.  He 
shall  report  to  the  comptroller  a  summary  of  the  record  kept 
during  the  year,  and  also  submit  an  estimate  of  the  supplies 
necessary  for  the  next  fiscal  year.  \_H.  0.  1888,  Chap.  86, 
Art.  1,  Sec.  18. 

SEC.  19.     Property  of,  when  and  how  sold. — No 

property  of  the  city  provided  for  the  fire  department  shall  be 
sold,  except  by  order  of  the  mayor  and  common  council.  The 
proceeds  of  all  sales  of  any  such  property  shall  be  deposited 
immediately  in  the  treasury  by  the  person  making  such  sale, 
taking  triplicate  receipts  therefor,  one  to  be  deposited  with  the 
comptroller,  one  with  the  auditor  and  the  other  retained.  Each 
receipt  must  recite  on  what  account  the  money  was  received 
and  to  what  fund  credited.  The  treasurer  shall  place  all 
moneys  so  deposited  to  the  credit  of  the  expense  fund  of  the 
fire  department ;  and  all  moneys  so  deposited  shall  not  be 
appropriated  to  any  other  purpose  or  transferred  to  any  other 
fund.  \R.  0.  1888,  Chap.  26,  Art.  1,  Sec.  19. 

SEC.    20.      Members   to    report    nuisances. — The 

members  of  the  department  shall  report  all  nuisances  which 
may  come  to  their  knowledge  to  the  clerk  of  the  board  of 
health  ;  and  report  all  defective  sidewalks,  curbing  and  gutter- 
ing to  the  city  engineer.  All  such  reports  must  be  made  in 
writing,  and  must  be  signed  by  the  person  making  the  report. 
[B.  O.  1888,  Chap.  26,  Art.  1,  Sec.  19. 


FIRE  LIMITS.  329 


ARTICLE  II. 

FIRE  LIMITS. 

SECTION  SECTION 

1.  Fire  limits  of  first  class.  5.    Raising   and   removal   of   wooden 

2.  Buildings  within:  how  to  be  con-  buildings. 

structed.  6.    Penalty  for  violation  of  ordinance. 

3.  Second  class;    boundaries    of   de-  7.    Superintendent  of  buildings  to  or- 

fined.  der  removal  of  wooden  buildings. 

4.  Buildings  within  ;  how  constructed.  8.    Lumber  yards  excluded  from  fire 

limits ;  penalty. 

SECTION  1.  Fire  limits  of  first  class. — All  that  part 
of  the  city  of  St.  Joseph  embraced  within  the  following  boun- 
daries shall  be  known  as  the  fire  limits  of  the  first  class  : 
Commencing  at  a  point  where  Levee  street  intersects  the  Mis- 
souri river,  thence  north  along  the  center  of  Levee  street  to 
Jules  street,  thence  east  along  the  center  of  Jules  street  to  the 
center  of  Main  street,  thence  north  along  the  center  of  Main 
street  to  the  center  of  Faraon  street,  thence  east  along  the 
center  of  Faraon  street  to  the  center  of  Fifth  street,  thence 
north  along  the  center  of  Fifth  street  to  the  center  of  Antoine 
street,  thence  east  along  the  center  of  Antoine  street  to  the 
center  of  Sixth  street,  thence  north  along  the  center  of  Sixth 
street  to  the  center  of  Hall  street,  thence  east  along  the  center 
of  Hall  street  to  the  center  of  Ninth  street,  thence  south  along 
the  center  of  Ninth  street  to  the  center  of  Robidoux  street, 
thence  east  along  the  center  of  Robidoux  street  to  the  center 
of  Tenth  street,  thence  south  along  the  center  of  Tenth  street 
to  the  center  of  Messanie  street,  thence  west  along  the  center 
of  Messanie  street  to  the  Missouri  river,  thence  along  the  river 
in  a  northerly  direction  to  the  point  of  beginning.  \_G.  O. 
No.  390,  Sec.  1. 

SEC.   2.     Buildings   within — how   constructed.  - 

No  building  shall  be  erected  within  the  fire  limits  of  the  first 
class  unless  the  same  shall  be  constructed  in  conformity  with 
the  general  ordinances  of  the  city,  and  the  following  provisions: 
All  outside  and  party  walls  shall  be  made  of  stone,  brick  or 


330  GENERAL  ORDINANCES. 

other  fire   proof  materials;  said    walls   shall   not  be   less  than 
eight  inches  in  thickness.      [G.   O.  JVo.  390,  See.  2. 

SEC.   3.     Second  class — boundaries  of  defined.— 

All  that  portion  of  the  city  of  St.  Joseph,  lying  outside  of  the 
boundaries  of  the  tire  limits  of  the  first-class  and  within  the 
boundaries  in  this  section  defined,  shall  be  known  as  the  tire 
limits  of  the  second-class;  commencing  at  a  point  where  Levee 
street  intersects  the  Missouri  river,  thence  north  along  the 
center  of  Levee  street  to  the  center  of  Jules  street,  thence  east 
along  the  center  of  Jules  street  to  the  center  of  Main  street, 
thence  north  along  the  center  of  Main  street  to  the  center  of 
Louis  street,  thence  east  along  the  center  of  Louis  street  to  the 
center  of  Sixth  street,  thence  north  along  the  center  of  Sixth 
street  to  the  south  line  of  lot  18,  Ege's  addition,  thence  east- 
erly along  the  said  south  line  to  the  south  line  of  lot  31,  same 
addition,  to  the  south  line  of  lot  3,  block  3,  County's  addition, 
and  the  south  line  of  St.  Joseph  Improvement  addition  to  the 
alley  between  said  Improvement  addition  and  Rogers'  addi- 
tion, thence  south  along  said  alley  to  the  north  line  of  Henry 
street,  thence  east  along  the  said  north  line  of  Henry  street  to 
the  north  line  of  Thomas  Henry's  addition  and  the  north  line 
of  Avenue  addition  to  Mt.  Mora  road,  thence  north  along  the 
center  of  Mt.  Mora  road  to  the  south  line  of  Mt.  Mora 
cemetery,  thence  east  along  the  south  line  of  Mt.  Mora  ceme- 
tery to  the  center  of  Seventeenth  street,  thence  south  on  the 
center  of  Seventeenth  street  to  the  alley  in  block  2,  Oliver, 
Glass  and  Wilson's  addition,  thence  east  on  said  alley  to  the 
center  of  Eighteenth  street,  thence  north  on  the  center  of 
Eighteenth  street  to  the  center  of  Colhoun  street,  thence  east 
on  the  center  of  Colhoun  street  to  the  center  of  Nineteenth 
street,  thence  north  on  the  center  of  Nineteenth  street  to  the 
alley  in  block  6,  Highley's  addition,  thence  east  on  said  alley 
to  the  center  of  Twentieth  street,  thence  north  on  the  center 
of  Twentieth  street  to  the  north  line  of  the  alley  in  block  2, 
Highley's  addition,  thence  east  on  the  north  line  of  said  alley 
and  said  line  produced  east  to  Twenty-second  street,  thence 


FIRE  LIMITS.  331 

south  on  the  center  of  Twenty-second  street  to  the  center  of 
Colhoun  street,  thence  west  on  the  center  of  Colhoun  street  to 
the  center  of  Twentieth  street,  thence  south  on  the  center  of 
Twentieth  street  to  the  alley  in  block  5,  Kemper's  addition, 
thence  west  on  said  alley  to  the  center  of  Nineteenth  street, 
thence  south  on  the  center  of  Nineteenth  street  to  the  center 
of  Union  street,  thence  west  on  the  center  of  Union  street  to 
the  west  line  of  lot  1,  block  3,  Kemper's  addition,  thence  south 
on  the  west  line  of  lots  1  and  12,  block  3,  and  lots  5  and  16, 
block  2,  and  lot  2,  block  1,  all  in  Kemper's  addition,  to  the 
center  of  Eighteenth  street,  thence  south  on  the  center  of 
Eighteenth  street  to  the  center  of  Edmond  street,  thence  west 
on  the  center  of  Edmond  street  to  the  center  of  Fifteenth 
street,  thence  south  on  the  center  of  Fifteenth  street  to  the 
center  of  Messanie  street,  thence  west  on  the  center  of  Messanie 
street  to  the  center  of  Eleventh  street,  thence  south  on  the 
center  of  Eleventh  street  to  the  center  of  Mitchell  avenue, 
thence  west  on  the  center  of  Mitchell  avenue  to  the  Missouri 
river,  thence  northerly  along  the  river  to  the  point  of  begin- 
ning. [#.  O.  No.  390.  Sec.  3. 

SEC.  4.     Buildings   within — how    constructed.— 

No  buildings  shall  be  erected  within  the  tire  limits  of  the 
second-class  unless  the  same  shall  be  constructed  in  conformity 
with  the  following  provisions:  All  outside  and  party  walls 
shall  be  made  of  stone,  brick  or  other  fire  proof  materials; 
said  walls  shall  not  be  less  than  eight  inches  in  thickness: 
Provided,  that  the  superintendent  of  buildings  may  issue  a 
permit  for  the  construction  of  buildings  within  the  fire  limits 
of  the  second-class,  said  buildings  to  be  of  wood,  iron  or  other 
material,  to  be  erected  according  to  the  ordinances  of  the  city, 
upon  petition  of  three-fourths  of  the  resident  property  owners 
owning  property  in  the  platted  block  in  which  said  building  is 
to  be  located.  [  G.  O.  No.  390,  Sec.  4.  Amended  G.  0.  No.  445. 

SEC.  5.     Raising  and  removal  of  wooden  build- 
ings.— Permission  is  given  to  all  owners   and  occupants  of 


332  GENERAL  ORDINANCES. 

buildings  in  the  fire  limits  to  raise  wooden  buildings  to  the 
established  grade,  and  to  build  basements  or  cellars  of  brick  or 
stone  under  the  building  so  raised  ;  but  otherwise,  no  wooden 
building  or  part  of  building  within  the  fire  limits  shall  be  raised 
or  enlarged,  nor  shall  the  same  be  removed  to  any  other  lot 
within  the  same  ;  nor  shall  any  such  building  be  removed  into 
the  fire  limits  :  Provided,  that  when  the  sidewalks  may  be 
ra  sed  above  the  threshold  of  any  building,  said  building  may 
be  so  far  raised  as  to  keep  the  first  floor  a  reasonable  distance, 
not  to  exceed  eight  inches,  above  the  sidewalk,  without  brick 
or  stone  foundation.  [Gr.  O.  No.  390,  Sec.  5. 

SEC.   6.     Penalty  for  violation  of  ordinance. — Any 

owner,  builder  or  other  person  who  shall  own,  build  or  aid  in 
the  erection  of  any  building  or  part  of  building  within  the  said 
limits,  contrary  to  the  provisions  of  this  ordinance,  or  who 
shall  raise  or  enlarge  or  assist  in  raising  or  enlarging  any 
wooden  building  in  said  limits,  or  who  shall  own,  remove  or 
assist  in  removing  any  wooden  building  within  said  fire  limits 
of  the  first  class  from  one  lot  to  another  therein,  or  who  shall 
own,  remove  or  assist  in  removing  any  such  building  from 
without  said  limits  into  the  same,  contrary  in  either  case  to  any 
foregoing  provision  of  this  ordinance,  shall  be  subject  to  a  fine 
of  not  less  than  twenty-five  dollars  and  not  exceeding  five 
hundred  dollars,  in  the  discretion  of  the  police  judge,  for  the 
first  offense,  and  to  a  like  fine  for  every  forty-eight  hours  such 
person  shall  fail  to  comply  with  the  provisions  of  this  ordinance, 
or  continue  in  the  violation  thereof.  [6f.  O.  No.  390,  Sec.  6. 

SEC.  7.  Superintendent  of  buildings  to  order 
removal  of  wooden  buildings. — Whenever  any  wooden 
building  shall  be  erected,  enlarged  or  removed,  or  in  process 
of  erection,  enlargement  or  removal  contrary  to  the  provisions 
of  this  ordinance,  upon  information,  it  shall  be  the  duty  of  the 
superintendent  of  buildings  to  issue  an  order  to  the  owner, 
occupant,  person  in  charge  or  builder  thereof,  to  have  such 
building  taken  down  or  removed  to  some  place  outside  the  fire 


FIRE  ESCAPES.  333 

limits  forthwith  ;  and  upon  the  refusal  or  neglect  of  such 
person  to  comply  with  the  requirements  of  such  order  within 
forty-eight  hours  after  having  received  the  same,  the  superin- 
tendent of  buildings  shall  cause  said  buildings  to  be  removed, 
and  the  expense  thereof  may  be  recovered  of  the  owner  of  such 
building  by  suit.  [G.  O.  No.  390,  Sec.  7. 

SEC.  8.  Lumber  yard  excluded. —  No  person  or 
persons  shall  keep  a  lumber  yard  for  the  sale  of  lumber  upon 
any  premises  within  the  fire  limits  of  either  class  which  are 
not  now  legally  occupied  for  that  purpose,  under  a  penalty 
upon  the  person  or  persons  keeping  the  same,  of  fifty  dollars 
for  every  offense,  and  a  like  penalty  for  every  week  the  same 
shall  be  allowed  to  remain.  [G.  O.  No.  390,  Sec.  9. 


ARTICLE  III. 

FIRE  ESCAPES. 

SECTION  SECTION 

1.  What  buildings  must  be  provided  5.    Rope  or  ladder  to  be  provided  in 

with  fire  escapes.  hotel. 

2.  Duty  of  owner  to  provide  escapes.  6.    Balcony,  etc.,  to  be  provided  in  cer- 

3.  Of  what  and  how  constructed.  tain  cases. 

4.  Penalty  for  failing  to  provide  es-  7.    Notice  of,  to  be  posted  in  room. 

capes.  8.    Penalty  for  violating  ordinance. 

SECTION  1.  What  buildings  must  be  provided 
with  fire  escapes. — All  buildings  within  the  corporate  limits 
of  the  city  of  St  Joseph  three  stories  high  or  over,  wherein 
ten  or  more  persons  are  employed  or  are  accustomed  to  remain 
for  a  period  of  two  hours  or  more  during  the  day  or  night,  and 
all  tenement  houses  three  stories  high  or  over  occupied  by  five 
families  or  more,  or  lodging  or  boarding  houses  three  stories 
high  or  over,  occupied  by  ten  or  more  lodgers  or  boarders,  and 
all  drug  houses,  liquor  stores,  distilleries,  breweries,  chemical 
works  and  buildings  where  combustible  materials  are  kept  and 
stored  temporarily  or  permanently,  three  stories  high  or  over, 
and  all  manufactories  three  stories  high  or  over  wherein  ten 
or  more  persons  are  employed  to  work,  and  all  opera  houses, 


334  GENERAL  ORDINANCES. 

theaters,  hotels,  public  halls,  lodge  rooms,  museums,  lecture 
rooms,  public  libraries  and  buildings  used  for  places  of  amuse- 
ment of  any  kind,  or  buildings  wherein  crowds  of  people  are 
invited  to  assemble  for  any  purpose,  and  all  buildings  three 
stories  high  or  over  occupied  for  office  purposes,  and  all  hos- 
pitals or  convents,  and  all  buildings  three  stories  high  or  over 
where  persons  are  employed  to  labor  in  any  capacity  to  the 
number  of  ten  or  more,  shall  be  provided  with  tire  escapes  as 
described  in  this  ordinance.  \_B.  0.  1888,  Chap.  26,  Art.  3, 
Sec.  1. 

SEC.  2.  Duty  of  owner  to  provide,  etc. — It  shall 
be  the  duty  of  the  owner  or  any  person  in  charge  of  any  house 
or  building  mentioned  in  the  next  preceding  section,  upon  the 
passage  of  this  ordinance  and  within  thirty  days  after  he  shall 
have  been  notified  in  writing  so  to  do  by  the  superintendent  of 
buildings  of  the  city  of  St.  Joseph,  to  erect  or  cause  to  be 
erected  at  least  two  fire  escapes  upon  such  buildings  as  herein 
provided.  \B.  O.  1888,  Chap.  26,  Art.  3,  Sec.  2. 

SEC.  3.  Construction  of  fire  escapes. —  The  fire 
escapes  shall  be  a  permanent  iron  or  metal  ladder  securely 
attached  to  the  building,  at  least  eighteen  inches  wide  and  set 
at  least  six  inches  away  from  the  wall,  and  at  each  story  to  be 
provided  with  a  balcony  or  landing  at  least  three  feet  square, 
so  as  to  be  accessible  from  the  window  or  door  thereof  ;  such 
ladder  shall  be  long  enough  and  so  placed  as  to  begin  three 
feet  above  the  top  of  the  building  and  extend  downward  to 
within  fourteen  feet  of  the  ground.  The  fire  escape  shall  be 
placed  on  the  front  or  two  opposite  sides,  or  near  the  end  of 
the  building  where  the  greatest  number  of  openings  are,  and 
so  as  to  be  accessible  from  such  openings.  [R.  O.  1888,  Chap. 
26,  Art.  3,  Sec.  3. 

SEC.  4.     Penalty  for  failing  to  provide  escape.— 

Any  person  owning  any  such  building  as  described  in  this 
ordinance,  or  any  person  in -charge  thereof  as  agent  or  other- 
wise, who  shall  fail  to  comply  with  the  provisions  of  this 


FIRE  ESCAPES.  335 

ordinance,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  five  hundred  dollars.  [It.  O.  1888, 
Chap.  26,  Art.  3,  Sec.  4. 

SEC.   5.     Rope  or  ladder  to  be  provided  in  hotel. 

—It  is  hereby  made  the  duty  of  every  keeper  or  proprietor  of 
every  hotel  or  lodging  house  in  this  city  of  over  two  stories  in 
height,  to  provide  and  securely  fasten  in  every  lodging  room 
above  the  second  story  which  has  an  outside  window  and  is 
used  for  the  accommodation  of  guests  or  employes,  a  rope  or 
rope  ladder  for  the  escape  of  the  lodgers  therein  in  case  of  fire, 
of  at  least  one  inch  in  diameter,  which  shall  be  securely  fastened 
within  such  room,  as  near  a  window  as  practicable,  and  of 
sufficient  length  to  reach  therefrom  to  the  ground  on  the  outside 
of  such  hotel  or  lodging  house,  and  made  of  strong  material 
and  as  secure  against  becoming  inflamed  as  practicable.  Such 
rope  or  rope  ladder  shall  be  kept  in  good  repair  and  condition. 
In  lieu  of  a  rope  or  rope  ladder  there  may  be  substituted  any 
other  appliance  that  may  be  deemed  of  equal  or  greater  utility 
by  the  chief  engineer  of  the  fire  department  ;  but  such  appli- 
ance shall  in  all  cases  be  so  constructed  as  to  be  under  the 
control  and  management  of  any  lodger  in  such  room.  [It.  O. 
1888,  Chap.  26,  Art.  3,  Sec.  5. 

SEC.  6.  Balcony,  etc.,  to  be  provided  in  certain 
cases. — Every  hotel  or  lodging  house  in  this  city  over  two 
stories  in  height,  shall  be  provided,  without  delay,  with 
permanent  iron  balconies  with  iron  stairs  leading  from  one 
balcony  to  the  other,  to  be  placed  at  the  end  of  each  hall  above 
the  second  story,  in  case  such  hotel  is  over  one  hundred  and 
fifty  feet  in  length,  and  in  other  cases  such  number  as  may  be 
directed  by  the  chief  engineer  of  the  fire  department.  Such 
balconies  and  iron  stairs  shall  be  constructed  at  the  expense  of 
the  owner  of  such  hotel  or  lodging  house.  [It.  O.  1888, 
Chap.  26,  Art.  3,  Sec.  6. 


336  GENERAL  ORDINANCES. 

SEC.  7.  Notice  of,  to  be  posted  in  room.— It  shall 
be  the  duty  of  every  such  proprietor  or  keeper  of  any  hotel  or 
lodging  house,  to  post  notices  in  every  such  room  of  such  hotel 
or  lodging  house,  calling  attention  to  the  fact  that  this  ordinance 
has  been  complied  with,  and  the  part  of  such  room  where  such 
coil  of  rope  or  rope  ladder  is  fastened  ;  also  the  location  of 
the  iron  balconies  and  stairs.  [72.  O.  1888,  Chap.  £6,  Art.  3, 
Sec.  7. 

SEC.  8.  Penalty  for  violating  ordinance. — Any 
violation  of  any  of  the  provisions  of  this  ordinance  shall  be 
deemed  a  misdemeanor,  and  any  person  convicted  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
nor  more  than  five  hundred  dollars.  [72.  O.  1888,  Chap.  26, 
Art.  3,  Sec.  8. 

AKTICLE  IY. 

PREVENTION  OF  FIRES. 

SECTION  SECTION 

1.  Power  of  chief  of  fire  department.  9.  Spark     arrester     in     blacksmith 

2.  Stoves ;  how  erected.  shops. 

3.  Regulation  of  stove  pipes.  10.  Fires  in  shops  to  be  extinguished. 

4.  Ignition  of  combustibles  in  street.  11.  Shavings,  regulations  concerning. 

5.  Lighted  lamps  and  candles.  12.  Nitro-glycerine  not  to  be  kept. 

6.  Stacking     of      combustible     sub-  13.  Discharging  firearms,  etc.,  permit 

stances.  for. 

7.  Fire  carried  through  streets.  14.    Penalty. 

8.  Stove  or  furnace  to  be  on  platform. 

SECTION  1.     Power  of  chief  of  fire  department.— 

The  chief  of  the  fire  department  shall  have  power  to  require 
all  persons  to  correct,  remove  or  abate  any  state  of  things 
done,  caused,  suffered  or  permitted  by  them  in  violation  of 
the  provisions  of  this  ordinance,  and  upon  their  failure  to  com- 
ply with  such  requirements,  to  correct,  remove  or  abate  the 
same  themselves,  calling  if  necessary  the  assistance  of  the 
police ;  and  all  costs  attending  their  action  in  such  case  shall 
be  recovered  against  the  parties  offending.  [G.  0.  No.  5%0, 
Sec.  1. 

SEC.  2.  Stoves — how  erected. — No  person  shall  in 
this  city  set  up  or  use  a  stove  the  top  or  any  side  of  which  shall 


PREVENTION  OF  FIRES.  337 

be  within  two  feet  of  any  part  of  the  wood  work  of  the  wall 
or  partition  of  any  building,  without  protecting  such  woodwork 
with  a  metallic  covering,  so  as  to  effectually  prevent  the  same 
from  taking  tire  from  such  stove.  [G.  O.  No.  520,  Sec.  2. 

SEC.  3.  Regulation  of  stove  pipes. — In  all  cases  in 
this  city  where  a  stove  pipe  projects  or  passes  through  the 
woodwork  of  a  building,  the  pipe  shall  be  separated  from  such 
roof  or  woodwork  at  least  six  inches  by  sheet  iron  or  other 
incombustible  material,  and  shall  project  above  or  beyond  the 
roof  or  wall  of  a  wooden  building,  as  the  case  may  be,  at 
least  four  feet.  [#.  0.  No.  520,  Sec.  3. 

SEC.  4.     Ignition   of   combustibles   in   streets.— 

No  nay,  straw,  shavings  or  other  combustible  matter  shall  be 
set  tire  to  or  burned  in  any  street,  alley  or  other  thoroughfare 
or  public  place  in  this  city  nearer  than  sixty  feet  to  any  house, 
barn,  shed  or  other  building,  unless  by  the  direct  permission  in 
writing  or  superintendence  of  the  chief  of  the. fire  department. 
[G.  O.  No.  520,  Sec.  4. 

SEC.  5.  Lighted  lamps  and  candles.  —  No  lighted 
candle  or  lamp  shall  be  used  in  any  stable  or  other  place  or 
building  in  this  city  where  hay,  straw  or  other  combustible 
material  shall  be  kept,  unless  the  same  shall  be  well  secured  in 
a  lantern.  [£.  0.  No.  520,  Sec.  5. 

SEC.  6.     Stacking  of   combustible  substances.— 

No  person  or  persons  shall  deposit  or  stack  any  hay,  straw  or 
other  combustible  substance  within  sixty  feet  of  any  dwelling 
house,  stable,  out  house  or  building  of  any  description  in  this 
city,  without  first  having  obtained  written  permission  from  the 
chief  of  the  fire  department.  [G.  O.  No.  520,  Sec.  6. 

SEC.  7.  Fire  carried  through  streets. — No  person 
shall  carry  fire  in  or  through  any  street  or  alley  or  other  thor- 
oughfare in  this  city,  except  the  same  be  placed  or  covered  in 
some  close  or  secure  pan  or  other  vessel.  \_G.  O.  No.  520, 
Sec.  7. 

22 


338  GENERAL  ORDINANCES. 

SEC.  8.     Stove  or  furnace  to  be  on  platform.— 

Any  person  setting  up  any  stove  or  furnace  in  any  building  in 
this  city,  shall  place  the  same  on  a  platform  of  brick,  sheet 
iron  or  other  fire  proof  material,  extending  at  least  six  inches 
in  every  direction  beyond  the  part  of  the  lower  plate  which 
fronts  the  door  of  the  stove  or  furnace.  [  G.  0.  No.  520,  Sec.  8. 

SEC.  9.  Blacksmith  shops  shall  have  spark  ar- 
rester.— The  chimneys  or  flues  of  every  blacksmith  shop  or 
forge  in  this  city  shall  have  a  fire-spark  arrester  of  woven 
wire  placed  on  the  top  or  within  said  chimneys  or  flues,  as 
may  be  directed  by  the  chief  of  the  fire  department,  and  such 
part  of  all  such  shops  shall  be  plastered  as  said  chief  may,  in 
his  discretion,  deem  necessary  to  guard  against  fire.  [G.  O. 
No.  520,  Sec.  9. 

SEC.   10.     Fires  in  shops  to  be  extinguished. — No 

person  shall,  in  this  city,  leave  fire  after  working  hours  in  any 
shop,  unless  the  same  be  well  secured,  so  that  no  building  or 
other  property  may  be  endangered  thereby.  \_G.  O.  No.  520, 
Sec.  10. 

SEC.   11.     Shavings  —  regulations   concerning. — 

Every  person  keeping  or  occupying  a  shop  or  other  building  in 
this  city,  wherein  shavings  or  other  combustible  materials  are 
made,  accumulate  or  may  be  contained,  shall  clear  or  remove 
the  same  out  of  such  building  and  the  yards  belonging  thereto 
at  least  once  in  each  week,  and  at  any  other  time  when 
directed  by  the  chief  of  the  fire  department  so  to  do:  Provided, 
such  shop  or  other  building  is  situated  within  one  hundred  feet 
of  any  other  building.  [G.  O.  No.  520,  Sec.  11. 

SEC.  12.  Nitro-glycerine  not  to  be  kept. — No  per- 
son shall  manufacture,  bring  or  keep  in  this  city,  any  nitro- 
glycerine in  any  quantity  whatever,  under  a  penalty  of  not  less 
than  fifty  dollars  for  every  such  offense,  and  a  like  penalty  for 
every  hour  the  same  shall  be  kept  in  violation  of  this  section. 
[G.  0.  No.  520,  Sec.  12. 


STORAGE  OF  COMBUSTIBLES.  339 

SET.   13.     Discharging  fire  arms — permit   for.— 

No  person  shall,  in  this  city,  tire  or  discharge  any  cannon,  gun, 
fowling  piece,  pistol  or  fire  arm  of  any  description,  or  fire, 
explode  or  set  off  any  squib,  cracker  or  other  thing  containing 
powder  or  other  combustible  or  explosive  material,  without 
permission  from  the  common  council,  or  written  permission 
from  the  mayor,  which  permission  shall  limit  the  time  of  such 
firing,  and  shall  be  subject  to  be  revoked  by  the  mayor  or  com- 
mon council  at  any  time  after  it  has  been  granted.  \_G.  O.  No. 
520,  Sec.  13. 

SEC.  14.  Penalty. — Any  person  who  shall  fail  or  neglect 
to  comply  with  any  or  either  of  the  foregoing  requirements  of 
this  ordinance,  or  who  shall  violate  any  section,  clause  or  pro- 
vision of  any  of  the  preceding  sections  thereof,  where  no  pen- 
alty is  specially  imposed,  shall  on  conviction  pay  a  fine  of  not 
less  than  two  dollars  nor  more  than  fifty  dollars.  [6r.  O.  No. 
520,  Sec.  14. 

ARTICLE  V. 
STORAGE  OF  COMBUSTIBLES. 

SECTION  SECTION 

1.  Storage  of  phosphorus,  coal  oil,  etc.  4.    Lighter  fluids,  storage  of. 

2.  May  be  stored  where.  5.    Night  watch  to  be  kept,  when. 

3.  Oil  must  be  confined,  when.  6.    Penalty. 

SECTION  1.     Phosphorus,    coal    oil,    etc.,    storage 

of. — No  person,  company  or  corporation  shall  keep  or  store 
in  or  about  any  premises  owned  or  occupied  by  them,  within 
the  limits  of  this  city,  except  as  hereinafter  provided,  for 
retail,  jobbing  or  other  purposes,  any  of  the  following  articles 
in  greater  quantities  than  are  herein  specified  ;  ten  pounds  of 
phosphorus,  five  barrels  of  coal  oil,  two  barrels  of  naptha,  one 
barrel  of  benzoine,  gasoline  or  any  other  oil  or  fluid  of  what- 
ever name,  that  is  in  whole  or  part  the  product  of  petroleum  ; 
and  such  oil  or  fluid  must  be  of  the  approved  state  standard, 
duly  inspected  and  stamped  by  the  proper  officer.  \_G.  O.  Xo. 
513,  Sec.  1. 


340  GENERAL  ORDINANCES. 

SEC.  2.  May  be  stored,  where. — Nothing  contained 
in  this  ordinance  shall  be  so  construed  as  to  exclude  any  person, 
company  or  corporation  from  storing  coal  oil  of  the  approved 
state  standard  in  lots  not  to  exceed  three  hundred  barrels, 
outside  of  the  fire  limits  of  the  first  and  second  class,  in  houses 
that  are  located  at  least  one  hundred  and  fifty  feet  from  any 
building  of  any  kind  whatever,  except  railroad  depots  located 
one  hundred  and  fifty  feet  from  other  buildings.  [G.  O.  No. 
513,  Sec.  2. 

SEC.  3.  Oil  must  be  confined,  when. — The  ground 
surrounding  any  building  in  which  coal  oil  is  stored,  as  provided 
in  section  two  of  this  ordinance,  shall  be  so  arranged  that  in 
case  of  fire  or  other  accident,  the  oil  therein  contained  shall  be 
confined  within  a  radius  of  fifty  fee4;  from  the  center  of  the 
building  or  tank  containing  such  coal  oil.  [G.  O.  No.  513, 
Sec.  3. 

SEC.  4.  Lighter  fluids  to  be  kept,  how. —  Oils 
and  fluids  lighter  than  the  state  standard  that  have  not  been 
inspected  aijd  stamped,  shall  not  be  stored  in  quantities  to 
exceed  seventy-five  barrels,  and  then  only  in  strictly  fire  proof 
buildings  outside  of  the  fire  limits  of  the  first  and  second  class 
and  located  at  least  one  hundred  and  fifty  feet  from  any  other 
building,  and  the  ground  surrounding  it  must  be  prepared  in 
all  respects  as  provided  for  in  reference  to  coal  oil  in  the  next 
preceding  section.  \_G.  0.  No.  513,  Sec.  4- 

SEC.   5.     Night    watch   to   be   kept,   when. — Any 

person,  company  or  corporation  storing  coal  oil  within  the  city, 
as  permitted  by  section  two  of  this  ordinance,  is  hereby  required 
to  keep  a  night  watchman  or  guard  from  sunset  until  sunrise 
of  the  following  day,  on  each  and  every  night  such  oil  may  be 
so  stored,  stationed  at  or  about  the  place  of  storage,  whose 
duty  it  shall  be  to  guard  said  oil  and  give  alarm  of  danger 
therefrom  in  case  of  fire.  [G.  O.  No.  513,  Sec.  5. 

SEC.  6.  Penalty. — Any  person,  company  or  corpora- 
tion violating  any  of  the  provisions  of  the  preceding  sections 


GARBAGE. 


of  this  ordinance,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  be  fined  in  any  sum  not  to 
exceed  two  hundred  dollars.  \_G.  0.  No.  513,  Sec.  6. 


CHAPTER  XXXI. 

GARBAGE. 

SECTION  SECTION 

1.  Garbage  mover  shall  register,  etc.  4.    Occupants  of  buildings  must  pro- 

2.  Not   required    to    register,  when ;  vide  receptacle ,  etc. 

charges  regulated.  5.    Penalty  for  throwing  garbage   in 

3.  Suitable    cart    and   receptacle  re-  street. 

quired ;  must  bear  label ;  inspec-  6.    May  dispose  of  garbage,  how. 

tion  of,  etc.  7.    Penalty. 

SECTION  1.     Garbage  mover  shall  register,  etc. — 

No  person,  association  or  corporation  shall  engage  in  removing 
or  collecting  garbage,  dead  animals,  offal,  manure,  ashes  and 
other  refuse,  offensive  and  filthy  matter,  or  shall  be  allowed  to 
remove,  transport  or  haul  the  same  through  the  streets  of  the 
city  of  St.  Joseph  without  first  having  registered  with  the  clerk 
of  the  board  of  health  his  residence,  description  of  cart,  vehi- 
cle or  other  receptacle  used  to  remove  garbage,  and  the  district 
or  locality  said  cart,  vehicle  or  other  receptacle  is  to  be  used 
in  ;  and  each  person  or  corporation  so  engaged  shall  be  subject 
to  the  rules,  conditions  and  restrictions  hereinafter  contained. 
[G.  0.  No.  480,  Sec.  1.  Amended  G.  0.  No.  493. 

SEC.  2.  Not  required  to  register,  when — charges 
regulated. — Any  person,  association  or  corporation  hauling 
their  own  barbage  with  their  own  teams,  and  parties  hauling 
ashes  from  tenement  or  business  blocks,  or  parties  hauling 
manure  from  barns  or  stables,  and  parties  hauling  refuse  mat- 
ter solely  in  connection  with  the  building  or  improvement  of 
property,  shall  not  be  required  to  register  as  provided  in  sec- 
tion one  of  this  ordinance.  No  person,  corporation  or  associa- 
tion shall  charge  to  exceed  fifty  cents  per  month  for  removing 
garbage  from  a  five  room  residence  nor  more  than  one  dollar 


342  GENERAL  ORDINANCES. 

per  month  for  removing  garbage  from  a  residence  containing 
over  five  rooms.  [G.  O.  No.  4$0,  Sec.  2.  Amended  G.  O. 
No.  493. 

SEC.  3.  Suitable  cart  and  receptacle  required- 
inspection  of. — All  garbage,  offal  and  refuse,  offensive  and 
filthy  matter  shall  be  removed  in  a  suitable  cart  or  vehicle  with 
tight  covered  boxes,  tanks  or  receptacles,  constructed  and 
arranged  so  as  to  prevent  leaking,  dropping  or  scattering  of 
the  contents,  and  so  as  to  prevent  as  far  as  possible  the  escape 
of  odors  and  effluvia  therefrom.  Each  vehicle  or  cart  or  tank 
thereon  shall  bear  on  both  sides  thereof  a  prominent  sign  or  label, 
;'City  Garbage."  In  removing  dead  animals  they  shall  be 
placed  on  drays  or  carts,  covered  from  sight,  and  shall  not  be 
dragged  on  the  ground.  All  carts,  vehicles,  boxes,  tanks  or 
other  receptacles  shall  at  all  times  be  subject  to  the  inspection 
of  the  health  officer,  and  if  in  his  judgment  any  cart,  vehicle 
or  other  receptacle  should  prove  defective,  he  shall  have  the 
power  to  prohibit  the  use  of  the  same  until  put  in  proper  repair. 
[G.  O.  No.  480,  Sec.  3.  Amended  G.  0.  No.  493. 

SEC.  4.  Occupants  must  provide  receptacle  and 
and  remove  garbage. — It  shall  be  the  duty  of  each  and 
every  occupant  of  any  dwelling  house,  shop,  store  room,  office 
or  other  room  or  building  in  which  fire  is  or  may  be  kept,  or 
in  and  about  which  any  kitchen  garbage,  offal  or  other  refuse 
matter  of  an}  kind  may  accumulate,  to  place  such  offal,  garbage, 
ashes  or  other  refuse,  offensive  or  filthy  matter  in  a  close,  tight 
and  proper  box,  barrel,  basket  or  other  movable  and  suitable 
receptacle,  to  be  provided  by  such  occupant  for  such  purpose, 
and  place  the  same  in  the  rear  of  the  premises  of  such  occu- 
pant or  at  such  other  place  as  not  to  cause  offense  or  annoy- 
ance and  so  as  to  be  reasonably  accessible  for  the  purpose  of 
removal,  and  it  is  hereby  made  the  duty  of  such  occupant  to 
remove  or  cause  to  be  removed  all  such  garbage,  ashes,  offal, 
refuse  or  filthy  material  not  less  than  twice  each  week  during 
the  months  of  May,  June,  July,  August  and  September,  and 


GARBAGE.  343 

during  the  remainder  of  the  year  once  each  week,  and  upon 
failure  or  refusal  of  any  such  occupant  to  remove  or  cause  to 
be  removed  such  garbage  or  refuse  material  according  to  the 
provisions  hereof,  said  occupant  or  occupants  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  and  every  such  offense.  [G.  0.  No.  480,  Sec.  4- 

SEC.  5.     Penalty  for  throwing  garbage  in  street. 

—It  is  hereby  made  unlawful  for  any  person  or  persons  to 
throw  or  cause,  permit  or  authorize  to  be  thrown  or  deposited 
in  or  upon  any  street  or  alley  in  the  city  of  St.  Joseph,  any 
garbage,  manure  or  ashes,  offal,  night  soil,  refuse,  offensive, 
filthy  or  putrid  matter  of  any  kind  whatever,  or  to  cause,  to 
allow  or  permit  to  be  thrown,  accumulate  or  remain  upon  his 
or  her  premises  any  such  garbage  or  refuse  matter  so  as  to  cause 
a  stench  or  any  nuisance  therefrom,  and  any  person  or  persons 
violating  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  one  dollar  and  not  more  than  twenty 
dollars  for  each  and  every  offense.  [G.  0.  No.  JfiO,  Sec.  5. 

SEC.   6.     Persons  may  dispose  of  garbage,  how. 

—Any  person,  association  or  corporation  having  complied 
with  the  provisions  of  this  ordinance  shall  be  entitled  to  use  or 
dispose  of  any  garbage,  dead  animals  or  other  refuse  material 
collected  by  him  or  it  for  his  or  its  own  benefit  and  profit,  pro- 
vided that  it  shall  be  so  disposed  of  by  him  or  it  as  not  to 
cause  a  nuisance.  [G.  O.  No.  JfiO,  Sec.  6. 

SEC.  7.  Penalty. — It  is  hereby  declared  to  be  unlawful 
for  any  person,  association  or  corporation  to  engage  in  col- 
lecting, removing  or  transporting  along  the  streets  in  St.  Joseph 
any  garbage,  offal,  manure,  ashes,  dead  animals  or  refuse, 
offensive,  filthy  or  putrid  matter  of  any  kind  whatever  without 
having  first  complied  with  all  the  rules,  restrictions  and  con- 
ditions contained  in  this  ordinance,  and  any  person,  associa 


344  GENERAL  ORDINANCES. 

tion  or  corporation  so  offending,  shall  be  deemed  guilty  of  a 
misdemeanor  and  on  being  convicted  of  such  offense  shall  be 
fined  in  the  sum  of  not  less  than  five  dollars  nor  more  than 
twenty  dollars  for  each  offense.  [G.  O.  No.  480,  Sec.  7. 

CHAPTER  XXXII. 
GUNPOWDER. 

SECTION  SECTION 

1.  Storage  of  gunpowder  regulated.  5.    Penalty  for  unlawfully  concealing. 

2.  Sign  to  be  kept  at  door ;  sold  when.  6.    Search  warrant  to  issue. 

3.  Must  be  secured  when  carried.  7.    Police  to  report  violations. 

4.  Same  ;  in  vehicles. 

SECTION  1.     Storage  of   gunpowder  regulated.— 

JSot  exceeding  three  pounds  of  gunpowder  shall  be  kept  or 
stored  by  any  person  in  any  store,  dwelling,  building  or  other 
place  within  this  city,  except  that  retailers  or  venders  of  gun- 
powder, in  small  quantities,  may,  for  that  purpose,  keep  any 
quantity  not  exceeding  thirty  pounds  :  Provided,  that  the 
same  be  kept  in  air  tight  tin  or  metal  canisters,  or  stone  jars, 
with  good  and  closely  fitted  and  well  secured  covers  thereon  ; 
and,  provided  further,  that  such  quantities  of  gunpowder  as 
may  be  required  for  the  supply  of  wholesale  dealers,  making 
up  bills  for  the  country  trade,  may  be  brought  into  the  city 
and  kept  therein  from  powder  magazines  or  depots  outside  the 
city,  between  the  hours  of  seven  o'clock  in  the  morning  and 
six  o'clock  in  the  evening,  but  during  no  other  hours,  and  the 
same  shall  be  kept  in  air  tight  tin  or  metal  canisters  or  stone 
jars,  as  above  provided,  and  placed  in  some  building  or  zinc 
covered  box  separated  from  or  outside  the  regular  place  of 
business.  Any  person  violating,  neglecting  or  refusing  to 
comply  with  any  provision  herein  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars.  [G.  O.  No.  476, 
Sec.  1. 

SEC.  2.  Must  keep  sign  at  door — not  to  be  sold, 
when. —  Every  merchant  keeping  gunpowder  for  sale  shall 
keep  a  sign  at  the  front  door  of  his  place  of  business,  with  the 


GUNPOWDER.  345 

words  "powder  for  sale,"  painted  or  printed  thereon  in  letters 
at  least  three  inches  in  height  ;  and  no  person  shall  sell  or 
weigh  any  gunpowder  after  the  lighting  of  lamps  in  the  evening, 
unless  in  sealed  canisters  or  cases,  under  a  penalty  of  ten 
dollars  for  every  such  offense.  \_R.  O.  1888,  Chap.  28,  Sec.  2. 

SEC.   3.     Must    be    secured    when    carried. —  No 

person  shall  convey  or  carry  any  gunpowder  (exceeding  two 
pounds  in  quantity),  through  any  street,  alley  or  other 
thoroughfare  in  this  city,  in  any  cart,  carriage,  wagon,  dray, 
wheelbarrow  or  otherwise,  unless  the  said  gunpowder  be  secured 
in  tight  cases,  canisters  or  kegs  well  headed  and  hooped, 
sufficient  to  prevent  such  gunpowder  from  being  spilled  or 
scattered,  under  a  penalty  of  twenty  dollars  for  every  such 
offense.  [R.  O.  1888,  Chap.  28,  Sec.  3. 

SEC.  4.  Same;  in  vehicles. —  Any  person  having 
charge  of  any  vehicle  carrying  more  than  twenty-five  pounds 
of  gunpowder,  and  shall  have  such  vehicle  with  the  gunpowder 
thereon  within  the  limits  of  this  city  for  a  longer  time  tljan  one 
hour,  and  any  person  who  shall  suffer  more  than  one  keg  of 
twenty-five  pounds  of  gunpowder  in  his  charge  to  be  upon  any 
street,  alley  or  sidewalk  longer  than  thirty  minutes  shall,  in 
either  case,  forfeit  and  pay  a  sum  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars.  [R.  O.  1888,  Chap.  28,  Sec.  4. 

SEC.   5.     Penalty   for    unlawfully   concealing.  - 

Whoever  shall  knowingly  bring  within  the  limits  of  this  city 
any  quantity  of  gunpowder  concealed  in  a  box,  barrel,  parcel, 
package  or  other  thing,  marked  and  purporting  to  be  other 
than  gunpowder,  shall  forfeit  and  pay  one  hundred  dollars, 
and  the  gunpowder  so  concealed  shall  be  forfeited  and  seized, 
and  sold  by  the  chief  of  police,  and  the  proceeds,  after  paying 
the  expenses  of  said  sale,  shall  be  paid  into  the  city  treasury. 
[R.  O.  1888,  Chap.  28,  Sec.  5. 

SEC.  6.  Search  warrant  to  issue. — If  any  affidavit 
be  presented  to  the  judge  of  the  police  court  showing  probable 
cause  to  believe  any  person  keeps,  has,  possesses  or  conceals 


346 


GENERAL  ORDINANCES. 


any  gunpowder  in  violation  of  this  chapter,  he  shall  issue  to 
the  chief  of  police  a  search  warrant,  commanding  him  to  search 
any  place  therein  designated  in  quest  of  such  gunpowder  ; 
which  warrant  shall  be  forthwith  rigidly  executed.  [7?.  O. 
1888,  Chap.  28,  Sec.  6. 

SEC.  7.  Officers  to  report  violations. — It  shall  be 
the  duty  of  the  officers  of  the  police  and  n're  departments  to 
report  all  violations  of  this  chapter  which  may  come  to  their 
knowledge,  to  the  city  attorney  for  prosecution.  [7?.  O.  1888, 
Chap.  28,  Sec.  7. 

CHAPTER  XXXIII. 
HEALTH  DEPARTMENT. 

ARTICLE  I.  BOARD  OF  HEALTH. 

II.  HEALTH  OFFICER. 

III.  CLERK  OF  BOARD  OF  HEALTH. 

IV.  CITY  HOSPITAL. 
V.  CITY  DISPENSARY. 

VI.    MORTUARY  RECORDS. 
VII.    VITAL  STATISTICS. 
VIII.    QUARANTINE. 

ARTICLE  I. 
BOARD  OF  HEALTH. 


SECTION 

1.  Board  of  health  created,  appoint- 

ment of ;  assistant  health  officer, 
clerk,  etc. 

2.  Headquarters  of  board. 

3.  Sanitary  superintendent,  duties  of. 

4.  Assistant  sanitary  superintendent, 

oath,  term  of  office,  etc. 

5.  Same,  duties  of. 

6.  Same,  powers  of,  shall  report,  etc. 

7.  Clerk  of  board  of  health,  salary, 

duties,  bond,  etc. 

8.  Board  of  health,  meetings  of,  quo- 

rum, etc. 

9.  Additional    duties    of   superinten- 

dent and  assistant. 

10.    Entering  premises  to  examine  con- 
dition, etc. 


SECTION. 

11.  Nuisance  shall  be  reported  to  clerk 

12.  Complaints  of  nuisances. 

13.  Clerk  shall  keep  account  of  ex- 

penses. 

14.  Accounts,  approved  and  audited 

by  whom. 

15.  Board  may  quarantine,  may  order 

destruction  of  articles. 

16.  Proceedure  to  discontinue  business 

detrimental  to  public  health. 

17.  Trial  and  judgment  in  such  pro- 

ceedure. 

18.  Same,  penalty. 

19.  Clerk  to  pay  money  to  treasurer. 

20.  Board    shall    visit    hospital   and 

workhouse. 


SECTION  1.       Board   of    Health — assistant   health 

officer— clerk,  etc. — There  is  hereby  created  in  and  for  the 
city  of  St.  Joseph  a  board  of  health,  which  board  shall  be  com- 


HEALTH  DEPARTMENT.  347 

posed  of  three  members  of  the  common  council  who  shall  be 
appointed  each  year  by  the  president  of  the  council,  and  the 
following  persons  who  shall  be  ex-officio  members  of  said  board: 
The  chief  of  police,  health  officer,  who  shall  be  sanitary  super- 
intendent, and  an  assistant  health  officer  who  shall  be  assistant 
sanitary  superintendent  and  who  shall  be  appointed  by  the 
board  of  health,  and  the  clerk  of  said  board  who  shall  be  a 
registered  pharmacist  and  who  shall  be  appointed  by  said  board. 
[G.  O.  No.  304,  Sec.  1. 

SEC.  2.  Headquarters  of  board.— A  suitable  office 
shall  be  provided  by  the  city  for  the  board  of  health  and  its 
members.  Such  office  shall  be  the  headquarters  of  the  clerk 
of  said  board  and  all  the  sanitary  officers  of  the  city.  [G.  O. 
No.  304,  Sec.  2. 

SEC.  3.     Sanitary  superintendent— duties  of. — It 

shall  be  the  duty  of  the  sanitary  superintendent  to  take  notice 
of  all  ordinances  relating  to  the  sanitary  condition  of  the  city 
and  rigidly  enforce  the  same.  [G.  O.  No.  304,  Sec.  3. 

SEC  4.  Assistant  sanitary  superintendent — term 
of  office,  etc. — The  assistant  sanitary  superintendent  shall 
hold  his  office  for  the  term  of  one  year,  unless  sooner  removed 
for  cause,  and  until  his  successor  is  duly  appointed  and  quali 
fied.  Before  entering  upon  the  duties  of  his  office  he  shall 
take  and  subscribe  an  oath,  before  some  officer  authorized  to 
administer  the  same,  that  he  will  faithfully  support  the  laws  of 
the  state  of  Missouri  relating  to  cities  of  the  second  class  and 
ordinances  of  the  city  of  St.  Joseph,  and  discharge  his  duties 
to  the  best  of  his  ability,  and  for  his  services  shall  receive  the 
sum  of  nine  hundred  dollars  per  year,  payable  monthly. 
[G.  O.  No.  304,  Sec.  4. 

SEC.  5.  Same;  duties  of. —  It  shall  be  the  duty  of 
the  assistant  superintendent  to  obey  all  orders  of  the  board  of 
health,  all  orders  and  directions  of  the  sanitary  superintendent, 
and  to  see  that  all  health  ordinances  and  sanitary  regulations 


348  GENERAL  ORDINANCES. 

of  the  city  are  rigidly  enforced.  He  shall  devote  his  whole 
time  and  attention  to  the  discharge  of  his  official  duties,  and, 
as  often  as  possible,  shall  inspect  every  portion  of  the  city. 
[G.  O.  No.  304,  Sec.  5. 

SEC.  6.     Same  ;     powers   of  —  shall  report.  —  He 

shall  have  full  power  to  compel  the  abatement  and  removal  of 
all  nuisances,  after  notice  is  given,  as  in  this  ordinance  speci- 
fied. If  any  one  fails  to  comply,  it  shall  be  the  duty  of  said 
assistant  sanitary  superintendent  to  cause  his  immediate  arrest 
and  prosecution,  before  the  police  court.  He  shall  see  that 
all  complaints  entered  at  his  office  are  promptly  attended  to, 
see  that  the  city  scavengers  conform  to  existing  ordinances  and 
regulations  in  the  removal  of  matters  offensive,  and  shall,  at 
all  times,  be  in  readiness  to  make  such  special  inspections  as 
the  board  of  health  may  direct.  He  shall  make  weekly  reports 
to  said  boar.d  of  his  official  actions,  with  such  suggestions  for 
their  consideration  as  his  experience  may  dictate.  [G.  O.  No. 
Sec.  6. 


SEC.  7.  Clerk  of  board  of  health  —  duties  - 
salary.  —  The  clerk  of  said  board  shall  attend  all  its  meetings, 
record  its  proceedings  in  suitable  books,  sign  all  notices,  attest 
all  copies  of  papers  and  proceedings,  keep  a  strict  account  of 
all  moneys  and  effects  that  may  come  into  the  possession  of 
said  board,  and  do  and  perform  all  such  other  duties  as  may  be 
required  of  him  by  said  board.  For  such  services,  he  shall 
receive  a  salary  of  nine  hundred  dollars  per  year,  payable 
monthly,  and  before  entering  upon  such  duties,  he  shall  give  a 
good  and  sufficient  bond  to  the  city  of  St.  Joseph,  in  the  sum 
of  one  thousand  dollars,  conditioned  as  the  bonds  of  other  city 
officers,  which  bond  shall  be  approved  by  the  comptroller. 
[G.  O.  No.  304,  Sec.  7.  • 

SEC.   8.     Board  of  health,  meetings  of  —  quorum. 

—  A  majority  of  said  board  of  health  shall  constitute  a  quorum 
for  the  transaction  of  business.     Said  board  shall  meet  at  least 


HEALTH  DEPARTMENT.  349 

once  a  week,  or  at  any  time  on  call  of  their  president.  \_G.  0. 
No.  304,  Sec.  8. 

SEC.  9.     Superintendent  and  assistant,  additional 

duties  of. — The  further  duties  of  the  sanitary  superintendent 
and  assistant  sanitary  superintendent  shall  be  : 

First.  To  exercise  a  strict  supervision  over  the  sanitary 
condition  of  the  city,  report  to  said  board  all  nuisances,  the 
prevalence  or  spread  of  any  epidemic,  contagious  or  infectious 
diseases,  or  other  matter,  which,  in  their  opinion,  would  prove 
detrimental  to  the  general  health  of  the  city. 

Second.  Upon  receiving  directly  or  indirectly,  informa- 
tion that  any  infectious  or  contagious  disease  is  introduced  into 
the  city  by  steamboat,  railroad  or  other  mode  of  transportation, 
they  or  either  of  them  shall,  forthwith  proceed  to  carefully 
investigate  and  examine  the  same,  and  make  report  to  said 
board. 

Ihird.  Each  shall  promptly  report  to  said  board,  all 
charges  and  complaints  against  any  agent  or  employe  of  the 
same,  together  with  the  names  and  residences  of  the  com- 
plainant, and  such  facts,  relating  thereto,  as  may  be  necessary 
for  a  proper  understanding  thereof  by  said  bo'ard,  and  shall 
report  all  matters  of  sanitary  interest  for  the  information  of  the 
board,  and  shall  do  and  perform  all  such  other  duties  as  may 
be  required  of  them  by  the  board,  [dr.  O.  No.  30^  Sec.  9. 

SEC.  10.     Shall   enter  premises   to  examine. — It 

shall  be  the  duty  of  such  sanitary  superintendent  or  his  assist- 
ant, whenever  either  shall  deem  it  necessary  to  secure  the  pub- 
lic health,  to  enter  in  the  daytime  into  the  house  or  upon  the 
premises  of  any  person  within  this  city,  to  ascertain  the  exist- 
ence of  any  nuisance  therein  or  thereon,  to  examine  into  the 
condition  and  number  of  persons  in  such  house,  or  upon  such 
premises  to  inspect  the  vaults,  cellars,  privies,  cesspools  and 
drains  of  such  houses  or  premises,  and  to  cause  the  immediate 
dispersion  cr  removal  of  families  or  persons  from  buildings  or 


350  GENERAL  ORDINANCES. 

apartments  so  crowded  as  in  the  opinion  of  said  sanitary  super- 
intendent to  render  the  same  dangerous  to  the  health  of  such 
families  or  persons  or  to  the  public.  \G.  O.  No.  304,  Sec.  10. 

SEC.  11.     Nuisance  shall  be  reported  to  clerk.— 

The  assistant  sanitary  superintendent  or  any  sanitary  sergeant 
hereafter  provided  for,  is  required  to  report  each  and  every 
case  of  nuisance  to  the  clerk  of  the  board  of  health  within 
twenty-four  hours  of  the  time  when  such  nuisance  is  noted  by 
him  or  brought  to  his  notice.  [G.  0.  No.  304,  Sec.  11. 

SEC.  12.     Nuisance — complaint     of — prosecution 

for. — Said  board  shall  keep  at  its  office  a  book  in  which  any 
person  may  enter  complaint  of  any  nuisance.  Said  boaid 
shall  immediately  investigate  such  charge,  and  if-  found  to  be 
true  shall  offici  lly  declare  the  object  or  tilth  complained  of  to 
be  a  nuisance  ;  whereupon  the  name  of  the  person  committing 
or  maintaining  the  same,  together  with  the  names  and  resi- 
dences of  all  the  witnesses,  shall  be  forthwith  reported  by  said 
clerk  to  the  city  attorney  for  immediate  prosecution  before  the 
police  court.  [G.  0.  No.  304,  Sec.  12. 

SEC.  13.  Clerk  shall  keep  account  of  expenses.— 
Said  clerk  shall  keep  a  book  in  which  he  shall  enter  full  and 
accurate  accounts  of  all  expenses  incurred  by  authority  of  said 
board,  specifying  the  amounts,  why,  when  and  how  incurred, 
and  for  what  purpose  applied.  [G.  0.  No.  304,  Sec.  13. 

SEC.  14.     Accounts — approval  of— auditing  of.— 

Before  any  money  is  paid  out,  the  account  therefor  shall  be 
examined  and  approved  by  a  majority  of  said  board,  signed  by 
the  president  and  attested  by  the  clerk ;  and  such  account, 
when  so  signed,  approved  and  certified,  shall  be  audited  by  the 
auditing  committee  of  the  common  council  in  the  same  way  as 
other  accounts  are  audited  and  allowed.  [G.  0.  No.  304, 
Sec.  14. 

SEC.  15.  Board  may  quarantine — may  order 
destruction  of  articles. — Said  board  shall  cause  any  ave- 
nue, street,  alley  or  other  passageway  whatever  to  be  fenced 


HEALTH  DEPARTMENT.  351 

up  or  otherwise  enclosed,  if  they  shall  think  the  public  safety 
requires  it,  and  shall  adopt  all  suitable  measures  for  preventing 
any  person  from  going  to  or  coming  from  any  part  of  the  city 
so  enclosed  ;  and  shall  direct  any  bedding,  clothing,  putrid  or 
unsound  meat,  beef,  pork,  fish,  hides  or  skins  of  any  kind,  or 
any  other  article  or  thing  found  within  said  city,  which  in  their 
opinion  may  be  dangerous  to  the  public  health,  to  be  destroyed 
in  such  manner  as  it  shall  direct  ;  in  which  event  said  board 
shall  order  the  removal  or  destruction  of  such  articles  or  things; 
and  any  person  who  shall  in  any  manner  resist,  hinder  or 
obstruct  any  officer  or  person  in  the  execution  of  such  order, 
shall  be  deemed  guilty  of  a  misdemeanor.  [G-.  O.  No.  30^ 
Sec.  15. 

SEC.  16.  Procedure  to  discontinue  business  det- 
rimental to  public  health. — On  complaint  being  made 
to  it,  or  whenever  it  shall  deem  any  business,  trade  or  profes- 
sion, carried  on  or  engaged  in  by  any  person  or  corporation, 
in  the  ciry  of  St.  Joseph,  detrimental  to  the  public  health,  said 
board  shall  notify  such  person  or  corporation  to  show  cause 
before  said  board,  at  a  time  and  place  to  be  specified  in  such 
notice,  why  the  same  should  not  be  discontinued  or  removed. 
Said  notice  shall  be  served  by  some  officer  authorized  to  serve 
the  same,  at  least  five  days  before  the  time  specified  therein, 
(except  in  case  of  an  epidemic  or  pestilence,  when  said  board 
may  direct  a  shorter  time  not  less  than  twenty-four  hours),  by 
reading  the  same  to  such  person,  or  to  an  officer  of  any  cor- 
poration, or  by  leaving  a  copy  of  the  same  at  the  usual  place 
of  business  or  abode  of  the  party  or  corporation  named  therein, 
with  some  person  over  fifteen  years  of  age.  All  such  notices 
shall,  as  near  as  may  be,  conform  to  that  of  an  ordinary  writ 
of  summons,  issued  by  a  justice  of  the  peace  in  civil  actions, 
and  the  return  of  service  thereof  shall  be  signed  and  sworn  to 
by  the  person  or  officer  making  the  same.  [G.  0.  No.  304, 
Sec.  16. 

SEC.   17.     Trial  and  judgment  in  such  procedure. 

—Upon   the  appearance  before  said   board,  by  such  party   or 


352  GENERAL  ORDINANCES. 

corporation,  at  the  time  and  place  specified  in  such  notice, 
cause  may  be  shown  by  such  party  or  corporation,  either  in 
person  or  by  attorney,  why  said  business,  trade  or  profession 
should  not  be  discontinued  or  removed,  and  such  hearing  may, 
for  good  cause  shown,  be  continued  from  day  to  day  ;  and  if, 
in  the  opinion  of  said  board,  no  good  and  sufficient  reason  or 
cause  be  shown  why  the  same  should  not  be  discontinued  or 
removed,  said  board  shall  order  the  parties  to  remove  or 
discontinue  the  same  within  such  time  as  such  board  shall  deem 
reasonable.  If  such  party  or  corporation,  being  summoned  as 
aforesaid,  fail,  neglect  or  refuse  to  attend  such  hearing,  then 
said  board  shall  inquire  into  such  matter,  and  shall  make  such 
order  as  it  shall  deem  just  and  proper.  If,  upon  such  hearing 
or  examination,  good  and  sufficient  cause  be  shown  why  such 
order  of  removal  or  discontinuance  should  not  be  made,  then 
said  board  shall  dismiss  such  cause.  [G.  O.  No.  30^,  Sec.  17. 

SEC.  18.  Same ;  penalty. — Any  person  or  managing 
officer  of  such  corporation,  failing,  refusing  or  neglecting  to 
obey  or  comply  with  such  order  of  removal  or  discontinuance, 
within  such  time  as  said  board  shall  require,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  fined  not  more  than  fifty  dollars ;  and  such  person  or 
managing  officer  of  such  corporation  shall  be  subject  to  a  like 
fine  for  each  and  every  day  such  business,  trade  or  profession 
shall  be  continued  or  carried  on  by  him,  after  the  expiration 
of  the  time  specified  in  such  order  for  the  removal  or  discon- 
tinuance thereof.  \_G.  O.  No.  30  h  Sec.  18. 

SEC.  19.     Clerk  shall  pay  moneys  to  treasurer.— 

All  moneys  coming  into  the  hands  of  the  clerk  of  said  board, 
shall  be  paid  by  him  into  the  city  treasury  at  least  once  a 
month,  taking  triplicate  receipts  therefor,  one  of  which  he  shall 
file  with  the  comptroller,  one  with  the  auditor,  the  other  to  be 
retained  by  himself.  \_G.  O.  No.  304,  Sec.  19. 

SEC.  20.  Board  shall  visit  hospital  and  work- 
house.— The  board  of  health  shall  visit  the  city  hospital  and 


HEALTH  OFFICER.  353 

ciry  workhouse  at  least  as  often  as  once  each  month  and  inspect 
said  buildings  thoroughly,  and  see  that  they  are  kept  in  a  clean 
and  healthy  condition.  [G.  0.  No.  30^  Sec.  20. 

ARTICLE  II. 

HEALTH  OFFICER. 

SECTION  SECTION 

1.  Health  officer,  appointment  of.  8.    Shall  visit  hospital  and  workhouse 

2.  Shall  supervise  sanitary  condition.  9.    Record  of  deaths  at  hospital. 

8.  To  superintend  city  hospital.  10.    Physicians  shall  report  contagious 

4.  Supervision  of  city  during  epidemic  disease. 

5.  Duty  when  notified  of  smallpox.  11.    Penalty  for  failing  to  do  so. 

6.  Shall  vaccinate  the  poor.  12.    To  attend  indigent  sick ;    mayor 

7.  May  quarantine,  etc.  may  employ  physician,  when. 

SECTION  1.     Health  officer,  appointment  of. — The 

mayor  and  common  council  shall  at  the  beginning  of  the  fiscal 
year  appoint  a  competent  physician  as  health  officer,  who  shall 
hold  his  office  for  the  period  of  two  years  or  until  his  successor 
is  appointed  and  qualified.  [R.  O.  1888,  Chap.  29,  Art.  1, 

Sec.  1. 

SEC.  2.     To  look  after  the  sanitary  condition.— 

It  shall  be  the  duty  of  the  health  officer  to  exercise  a  general 
supervision  over  the  sanitary  condition  of  the  city  and  to  order 
the  removal  of  all  nuisances  that  are  dangerous  to  the  health 
of  the  community.  {R.  O.  1888,  Chap.  29.  Art.  1,  Sec.  2. 

SEC.  3.     To  superintend  city   hospital,  etc. — The 

health  officer  shall  superintend  the  city  hospital  and  shall  give 
good  medical  attention  to  the  inmates,  and  also  see  that  they 
are  properly  provided  and  cared  for  by  the  steward  and  matron. 
[R.  0.  1888,  Chap.  29,  Art.  1,  Sec.  4. 

SEC.  4.     Supervision  of  city  during  epidemic. — 

He  shall  exercise  general  supervision  over  the  city  during  the 
existence  of  any  epidemic  or  the  prevalence  of  any  dangerous 
contagious  disease,  particularly  small-pox.  [R.  O.  1888,  Chap. 
29,  Art  1,  Sec.  5. 

23 


354  GENERAL   ORDINANCE^. 

SEC.  5.     Duty   when   notified  of   sin  all-pox. — He 

shall  require  every  practicing  physician  in  the  city  to  report 
to  him  any  case  of  small-pox  that  may  be  under  his  or  her 
care  or  observation  immediately  after  such  is  known  to  be  the 
case  ;  and  he  shall  immediately  after  receiving  such  notice 
(which  must  be  in  writing)  quarantine  the  house  and  place  a 
card  marked  "  Small  pox"  on  the  front  of  the  house,  so  as  to 
warn  the  public  against  entering  the  premises.  [R.  O.  1883, 
Chap.  29,  Art.  1,  Sec.  6. 

SEC.  6.  Shall  vaccinate  the  poor. — He  shall  keep  a 
supply  of  pure  vaccine  matter  constantly  on  hand,  and  shall 
vaccinate  such  of  the  indigent  poor  as  have  not  been  vacci- 
nated, for  which  service  he  shall  receive  no  extra  compensa- 
tion. [R.  0.  1888,  Chap.  29,  Art.  1,  Sec.  7. 

SEC.  7.  May  quarantine,  etc. — He  shall  remove  any 
case  of  small-pox,  to  a  secluded  house  known  as  a  pest  house 
whenever  it  can  be  judiciously  and  safely  done;  but  when  in 
his  judgment  it  cannot  be  safely  done,  or  when  the  patients 
will  not  be  removed  from  their  own  house,  he  shall  quarantine 
and  mark  the  house,  and  take  such  other  precautionary  measures 
as  will  secure  the  safety  of  both  the  family  and  public,  [R.  0. 
1888,  Chap.  29,  Art.  1,  Sec.  8. 

SEC.   8.     Shall  visit  hospital  and   workhouse.— 

He  shall  visit  the  hospital  and  city  workhouse  as  often  as  his 
services  may  be  required,  and  shall  see  that  they  are  kept  in  a 
clean  and  healthy  condition,  and  that  the  inmates  are  properly 
cared  for  and  rendered  as  comfortable  as  possible.  [R.  0. 
1888,  Chap.  29,  Art.  1,  Sec.  9. 

SEC.  9.  Record  of  deaths  at  hospital. — He  shall 
keep  a  record  of  all  deaths  at  the  hospital,  the  name,  age,  sex, 
nationality,  etc.  \_R.  0.  1888,  Chap.  29,  Art.  1,  Sec.  10. 

SEC.   10.     Physicians  must  notify  health   officer 

of  contagious  disease. — Every  practicing  physician  who 
shall  treat  or  examine  any  person  whom  he  may  find  suffering 


CLERK  OF  BOARD  OF  HEALTH.  355 

with  cholera,  small-pox,  measles,  diphtheria,  scarlet  fever  or 
any  other  contagious  or  infectious  disease  shall  immediately 
upon  the  discovery  of  the  same,  report  the  facts  to  the  health 
officer.  Said  report  shall  be  in  writing.  [R.  0.  1888,  Chap. 
29,  Art.  1,  Sec.  11.  Amended  G.  O.  No.  398. 

SEC.  11.     Penalty   for    failing    to    report. —  Any 

physician  who  shall  fail  to  make  such  report  as  required  by 
this  ordinance,  shall  be  subject  to  a  fine  of  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars.  \_R.  0.  1888,  Chap. 
29,  Art.  1,  Sec.  12. 

SEC.  12.  To  attend  indigent  sick  —  mayor  may 
employ  physician,  when. — It  is  hereby  made  the  duty 
of  the  city  physician,  or  health  officer,  to  attend  any  and  all 
cases  of  indigent  sick,  within  the  city  limits  whenever  called 
upon,  without  compensation.  In  urgent  cases,  and  when  the 
city  physician  or  health  officer  for  any  reason  cannot  attend, 
the  mayor  is  authorized  and  empowered  to  employ  another 
physician  for  immediate  attendance  at  the  expense  of  the  city: 
Bills  for  expense  thus  incurred  to  be  approved  by  the  mayor 
and  forwarded  to  the  board  of  health  for  payment  as  other 
bills  are  paid  by  said  board.  [G.  0.  No.  4-31,  Sec.  1. 

ARTICLE  III. 

CLERK   OF  BOARD   OF   HEALTH. 

SECTION.  SECTION. 

1.  Qualifications  of  clerk.  4.    Clerk  may  inspect  on  his  own  mo- 

2.  Shall  report  annually  to  council.  tion. 

3.  Records  kept  at  office  of  board  of  5.    City  chemist  held  to  mean  clerk  of 

health.  board  of  health. 

SECTION  1.  Qualifications  of  clerk. — The  clerk  of 
the  board  of  health  shall  be  a  person  skilled  and  an  expert  in 
the  science  of  analytical  and  synthetical  chemistry.  Any  per- 
son who  may  be  appointed  clerk  of  the  board  of  health  who 
shall  not  possess  such  skill  and  knowledge,  or  for  any  other 
good  and  sufficient  cause,  may  be  removed  from  office  by  the 
mayor.  [G.  0.  No.  405,  Sec.  1. 


356  GENERAL  ORDINANCES. 

SEC.  2.      Shall   report   annually   to   council. — In 

addition  to  the  duties  as  required  of  him  by  the  ordinances  of 
the  city,  he  shall  keep  such  records  as  are  provided  for  by  ordi- 
nance, and  such  other  records  as  may  be  necessary  for  recording 
all  his  official  acts,  and  shall  report  to  the  common  council 
annually  of  all  matters  pertaining  to  his  office.  In  such  reports 
he  shall  correctly  state  the  number  of  samples  of  ice.  milk, 
cream  and  all  other  articles  of  food  and  drink  submitted  to 
him  for  examination  and  analysis,  naming  the  officer  or  person 
submitting  the  same,  and  the  result  of  such  examination  and 
analysis.  He  shall  promptly  and  accurately  inspect,  examine 
and  analyze  all  samples  of  any  and  every  article  of  food  or 
drink  submitted  to  him  by  any  officer  of  the  city  and  report 
the  result  of  such  inspection,  examination  and  analysis  with  all 
possible  haste  to  the  officer  submitting  such  sample.  He  shall 
endeavor  in  every  way  to  have  enforced  strictly  and  rigidly  all 
ordinances  relating  to  the  adulteration  of  food,  milk,  etc. 
[G.  O.  No.  4,05,  Sec.  0. 

SEC.  3.  Records  kept  at  office  of  the  board  of 
health.  —The  several  records  required  to  be  kept  by  the  clerk 
of  the  board  of  health  shall  be  kept  always  at  the  office  of  the 
board  of  health  in  charge  of  such  clerk.  Such  records  shall 
always  be  open  for  the  inspecrion  of  any  city  officer  or  other 
person.  \_G.  O.  No.  4-05,  Sec.  3. 

SEC.  4.     Clerk  may  inspect  on  his  own  motion.  — 

The  clerk  of  the  board  of  health  shall  have  power  to  inspect 
all  articles  of  food  and  drink  wherever  located,  that  may  be 
sold  or  offered  for  sale,  and  to  analyze  samples  on  his  own  mo- 
tion. [O.  O.  No.  405,  Sec.  4. 

SEC.  5.  City  chemist  held  to  mean  clerk  of  the 
board  of  health. — Wherever  in  any  ordinance  city  chemist 
is  named,  it  shall  be  taken  and  held  to  mean  the  clerk  of  the 
board  of  health.  [G.  O.  No.  405,  Sec.  5. 


CITY   HOSPITAL.  357 

ARTICLE  IV. 
CITY  HOSPITAL. 

SECTION.  SECTION. 

1.  City  hospital  established.  5.    Duties  of  steward. 

2.  For  benefit  of  poor  and  sick.  6.    Same ;  to  keep  a  record. 

3.  Under  control  of  health  officer.  7,    Duties  of  matron. 

4 .  Steward  and  matron,  appointment  of. 

SECTION  1.  City  hospital  established.  —  There  is 
hereby  established  a  city  hospital  in  the  city  of  St.  Joseph. 
[E.  0.  1888,  Chap.  29,  Art.  2,  Sec.  1. 

SEC.  2.     For  the  benefit  of  the  poor  and  sick.— 

The  city  hospital  shall  be  maintained  at  public  expanse,  and  it 
shall  be  for  the  purpose  of  receiving  and  caring  for  such  of  the 
indigent  poor  and  sick  as  should  properly  be  cared  for  by  the 
city.  [E.  O.  1888,  Chap.  29,  Art.  2,  Sec.  2. 

SEC  3.  Under  control  of  health  officer. — The  city 
hospital  shall  be  under  the  direct  control  and  supervision  of 
the  health  officer,  who  shall  see  that  the  inmates  are  properly 
cared  for  in  every  particular.  [R.  O.  1888,  Chap.  29,  Art.  2, 
Sec.  3. 

SEC.  4.  Steward  and  matron  to  be  appointed.— 
The  board  of  health  shall  at  its  first  regular  meeting  in  May 
every  two  years,  appoint  a  competent  steward  and  matron  of 
the  hospital,  who  shall  hold  their  positions  for  two  years.  [22. 
0.  1888,  Chap.  29,  Art.  2,  Sec.  4.  Amended  G.  O.  No.  514. 

SEC.  5.  Duties  of  steward. — The  steward  shall  be 
under  the  direction  of  the  health  officer  and  shall  obey  his 
instructions.  He  shall  reside  at  the  hospital  and  shall  exercise 
a  general  care  over  the  hospital  and  inmates.  He  shall  keep 
the  premises  in  a  clean  and  healthy  condition,  and  do  all  in  his 
power  to  contribute  to  the  care  and  comfort  of  the  inmates. 
He  shall  provide  the  inmates  with  proper  food  and  clothing, 
and  see  that  they  are  properly  nursed  and  cared  for,  and  that 
the  directions  of  the  health  officer  are  complied  with.  \_R.  O. 
1888,  Chap.  29,  Art.  2,  Sec.  5.  Amended  G.  O.  No.  514. 


358  GENERAL  ORDINANCES. 

SEC.  6.  Same  ;  shall  keep  record.  —  The  steward 
shall  keep  a  record  of  the  inmates  of  the  hospital,  their  name, 
age,  sex,  nativity,  etc.;  also  a  record  of  deaths,  and  shall 
report  the  same  to  the  board  of  health  at  its  regular  meeting 
in  each  month.  [JR.  0.  1888,  Chap.  29,  Art.  2,  Sec.  6. 
Amended  G.  O.  No. 


SEC,  7.  Duties  of  matron.  —  The  matron  shall  live  at 
the  hospital  and  shall  discharge  all  the  duties  required  of  her 
by  the  health  officer,  and  shall  give  proper  care  and  attention 
to  the  inmates  under  her  care.  She  shall  be  under  the  direc- 
tion of  the  health  officer.  [R.  0.  1888,  Chap.  29,  Art.  2, 
Sec.  7.  Amended  G.  0.  No.  614. 

ARTICLE  V. 

CITY  DISPENSARY. 

SECTION  1.    Dispensary  established. 

SECTION  1.  Dispensary  established  —  how  con- 
ducted. —  There  is  hereby  established  in  and  for  the  city  of 
St.  Joseph  a  free  dispensary,  located  in  the  city  hall,  to  be 
owned  and  operated  by  the  city,  for  the  purpose  of  supplying 
the  indigent,  under  the  care  of  the  city  health  officer,  with 
medicines.  The  clerk  of  the  board  of  health  shall  have  charge 
of  said  dispensary,  and  on  prescription  or  order  of  the  health 
officers,  shall  issue  such  medicines  as  may  be  directed.  The 
goods  shall  be  purchased  of  some  good  and  reliable  wholesale 
drug  firm  at  wholesale  prices.  The  cle  k,  when  desiring  to 
replenish  his  stock,  will  get  an  order  from  the  city  health  officer 
for  what  he  considers  necessary  for  present  use.  \_G.  O.  No. 
331,  Sec.  1. 


MOKTUAKY  KECOKD.  359 

ARTICLE  VI. 
MORTUARY  RECORDS. 

SECTION  SECTION 

1.  Burial  permit  must  be  procured.  5.    Health  officer  shall  give  certificate, 

2.  Body  not  to  be  interred    without  when. 

permit.  6.    Clerk  shall  report  neglect  of  sexton 

3.  Reports  to  be  made  by  sextons,  etc.  or  physician. 

4.  Physicians  to  make  death  certifl-  7.    Sexton  to  keep  record. 

cates.  8.    Penalty. 

SECTION  1.     Burial   permit   must   be  procured.— 

All  undertakers,  tLeir  agents,  employes  or  other  persons  hav- 
ing in  charge  a  body  for  interment,  shall  before  burying  said 
body  procure  a  burial  permit,  signed  by  the  clerk  of  the  board 
of  health,  and  shall  deliver  the  same  to  the  sexton,  superin- 
tendent or  person  in  charge  of  the  cemetery  or  burial  place  of 
said  body.  Such  permit  shall  state  the  name,  age,  sex,  color, 
nativity  and  place  of  death,  together  with  the  name  of  the  dis- 
ease of  which  such  person  died.  \_G.  O.  No.  311,  Sec.  1. 

SEC.  2.     Body  not  to  be  interred  without  permit. 

—No  sexton,  superintendent  or  other  person  in  charge  of  any 
cemetery  or  burial  place  in,  adjoining  or  within  two  miles  of 
the  city  of  St.  Joseph,  shall  without  such  burial  permit  allow 
or  suffer  any  body  to  be  interred  in  such  cemetery  or  burial 
place.  [G.  O.  No.  311,  Seo.  2. 

SEC.  3.     Reports  to  be  made  by  sextons,  etc.— 

Every  sexton,  superintendent  or  other  person  in  charge  of  any 
such  cemetery  or  burial  place  shall  on  Saturday  of  each  week, 
and  before  the  hour  of  four  o'clock  p.  m.,  report  to  said  board 
all  interments  for  that  week,  and  at  the  same  time  shall  return 
to  the  clerk  of  said  board  all  burial  permits  for  such  week. 
[G.  O.  No.  311,  Sec.  3. 

SEC.  4.     Physicians  to  make  death  certificate.— 

The  coroner  and  every  physician  practicing  medicine  in  this 
city,  when  a  patient  dies  under  his  care,  shall  make  a  certificate 
stating  the  name,  age,  sex,  color  arid  nationality,  together  with 


300  GENERAL  ORDINANCES. 

the  disease  of  which  person  died,  and  deliver  the  same  to  the 
person  having  the  body  in  charge  for  interment  ;  and  if  the 
coroner  or  any  physician  shall  neglect  or  refuse  to  make  such 
certificate  and  deliver  the  same  to  the  person  in  charge  of  the 
body  for  burial,  he  shall  be  subject  to  a  fine  of  not  to  exceed 
one  hundred  dollars.  [G.  O.  No.  311,  Sec.  4. 

SEC.  5.      Health    officer    shall    give    certificate, 

when. — In  the  event  of  there  having  been  no  physician  at- 
tending the  person  sought  to  be  interred,  it  shall  be  tile  duty 
of  the  family  or  friends  of  the  deceased  to  apply  to  the  health 
officer,  who  is  required  upon  satisfactory  evidence  to  furnish  a 
certificate  showing  the  cause  of  death,  together  with  the  name, 
age,  sex,  color  and  nationality,  which  shall  be  delivered  to  the 
person  having  tiie  body  in  charge  for  interment.  [  G.  O.  No. 
311,  Sec.  5. 

SEC.  6.  Clerk  shall  report  neglect  of  sexton  or 
physician. — It  shall  be  the  duty  of  the  clerk  of  the  board  of 
health  to  report  to  the  city  attorney  all  sextons,  overseers  or 
persons  in  charge  or  having  control  of  any  cemetery,  and  phy- 
sicians who  shall  fail  or  neglect  to  comply  with  the  provisions 
of  the  five  next  preceding  sections.  [G.  0.  No.  311,  Sec.  6. 

SEC.  7.  Sexton  to  keep  record.— The  clerk  of  the 
board  of  health  shall  furnish  each  sexton,  overseer  or  person 
in  charge  or  having  control  of  any  cemetery,  as  aforesaid,  with 
a  blank  book,  with  appropriate  columns  to  enter  the  facts  re- 
quired to  be  recorded,  and  blanks  whereon  to  make  reports. 
[G.  O.  No.  311,  Sec.  7. 

SEC.  8.  Penalty. — Any 'person  violating,  failing,  neg- 
lecting or  refusing  to  comply  with  any  provision,  regulation  or 
requirement  relating  to  the  next  preceding  seven  sections,  upon 
conviction  before  the  judge  of  the  police  court,  shall  be  fined 
not  to  exceed  fifty  dollars.  [G.  O.  No.  311,  Sec.  8. 


VITAL  STATISTICS.  361 


ARTICLE  VII. 

VITAL  STATISTICS. 

SECTION.  SECTION. 

1.    Record    of   marriages,  births    and  2.    Births  shall  be  reported, 

deaths.  3.    Deaths  shall  be  reported. 

SECTION  1.  Record  of  marriages,  births  and 
deaths. — The  board  of  health  by  its  clerk  shall  keep  a  record 
of  all  marriages,  births  and  deaths  in  the  city,  as  provided  and 
required  by  ordinance.  [G.  O.  304,  Sec.  <2%. 

SEC.  2.      Births    shall    be    reported — penalty.— 

Every  physician  and  midwife  shall  report  within  ten  days  to 
the  board  of  health,  in  accordance  with  blanks  to  be  furnished 
by  said  board,  every  child  born  within  this  city  ;  and  in  case 
no  physician  or  midwife  attended  the  birth  of  such  child,  then 
the  father  or  mother  shall  make  such  report.  Any  person  vio- 
lating, failing,  neglecting  or  refusing  to  comply  with  any  pro- 
vision, regulation  or  requirement  of  this  ordinance  shall  upon 
conviction  thereof  be  fined  in  a  sum  not  to  exceed  one  hundred 

dollars.     [G.  O.  No.  309. 
\ 

SEC.  3.     Deaths  shall  be  reported — penalty. — The 

coroner  of  Buchanan  county  and  every  physician  shall,  when 
a  patient  dies  under  his  care  within  this  city,  immediately  make 
out  and  deliver  to  the  clerk  of  the  board  of  health  a  certificate 
stating  the  name,  age,  sex,  color,  nativity  and  place  of  death, 
together  with  the  name  of  the  disease  of  which  said  person 
died.  Any  person  violating,  failing,  neglecting  or  refusing  to 
comply  with  any  provision,  regulation  or  requirement  of  this 
ordinance  shall  upon  conviction  thereof,  be  fined  in  a  sum  not 
to  exceed  one  hundred  dollars.  [G.  O.  No.  310. 


362  GrENEKAL    ORDINANCES. 

ARTICLE  VIII. 
QUARANTINE. 

SECTION  SECTION 

1.  General    regulations,    boundaries,  5.    Physicians  at;  pay  of  the  agents, 

etc.  nurses,   etc..  at;  expenses;   pro- 

2.  Police  at  quarantine.  viso. 

3.  Power  to  stop  at.  6.    Kegulations  to  be  obeyed. 

4.  Power  to  make  rules  and  regula-  7.    Quarantine  fund. 

tions  governing.  8.    Penalty  for  violation  of  rules  and 

regulations. 

SECTION  1.     General  quarantine  regulations. — The 

board  of  health,  by  and  with  the  approval  of  the  mayor  and 
common  council,  may  select,  purchase,  lease  and  establish  such 
sites,  places  and  boundaries  for  quarantine  stations  and  pur- 
poses, and,  with  the  approval  of  said  mayor  and  council,  may 
erect  from  time  to  time  such  buildings  and  hospitals,  upon  such 
sites  and  places,  and  so  keep  the  same  in  repair  as  in  their 
judgment  shall  be  deemed  necessary  ;  and  the  said  board,  when- 
ever and  at  such  times  as  by  them  it  shall  be  deemed  necessary, 
may  by  proclamation,  the  approval  of  the  mayor  and  common 
council  being  first  had  and  obtained,  require  all  boats,  vessels, 
railroad  cars  or  other  conveyances  bound  for  this  city,  before 
the  same  shall  land  or  stop  at  any  wharf,  depot  or  landing  or 
stopping  place  therein,  to  touch  or  stop  at  either  of  the  sites, 
places  or  boundaries  so  selected  and  established  for  quarantine 
purposes,  and  leave  all  such  emigrants,  travelers  or  persons 
recently  from  seaboard,  and  all  such  sick,  diseased  or  unclean 
persons,  with  their  stores  and  baggage,  as  in  the  opinion  of 
the  officers  stationed  at  such  quarantine  sites,  places  or  bound- 
aries, shall  be  deemed  proper,  on  account  of  the  existence  or 
general  report  of  cholera,  ship  fever  or  any  contagious  disease, 
or  disease  apprehended  to  endanger  the  health  of  the  city  ;  and 
whenever  it  shall  be  deemed  necessary  to  issue  the  said  procla- 
mation, it  shall  be  the  duty  of  the  said  board  to  send  the  same, 
together  with  the  substance  of  the  regulations  for  quarantine, 
and  the  period  for  which  the  same  shall  be  in  force,  unless 
sooner  revoked,  to  such  cities  and  places  as  by  them  shall  be 


QUARANTINE.  363 

deemed  proper  ;  and  shall  also  cause  to  be  stationed  at  such 
quarantine  sites,  places  and  boundaries,  as  said  board  may  deem 
advisable,  one  or  more  physicians  or  health  officers,  whose  duty 
it  shall  be  to  go  on  board  and  examine  all  boats,  vessels,  cars 
or  other  public  conveyance  required  to  touch  or  stop  at  said 
quarantines  respectively,  and  then  and  there  determine  what 
emigrants,  passengers  or  persons,  if  any,  shall  be  permitted  to 
come  to  the  city,  and  what  emigrants,  passengers  or  persons,  if 
any,  shall  stop  at  such  quarantine  ;  and  it  shall  be  the  duty  of 
all  persons  conducting  or  in  charge  of  any  such  vessel,  boat, 
car  or  public  conveyance,  to  aid  and  assist  any  physician  or 
health  officer,  so  as  aforesaid  stationed,  in  the  exercise  of  his 
duties ;  and  the  said  physicians  or  health  officers  shall  attend 
to  all  the  sick  persons  who  may  be  landed  or  placed  in  quaran- 
tine, and  provide  medicines  and  necessaries  for  their  use,  and 
shall  have  general  supervision  of  such  quarantines  and  compel 
persons  therein  to  purify  their  bodies,  clothes  and  baggage,  and 
do  all  such  acts  and  things  as  shall  be  proper  in  the  premises, 
keeping  correct  accounts  of  all  expenditures  and  wages,  which 
shall  be  allowed  and  paid  by  order  of  said  board  ;  and  when- 
ever the  physician  or  official  in  charge  of  any  quarantine  station 
or  place,  as  aforesaid,  shall  upon  examination  be  satisfied  that 
there  is  no  longer  occasion  for  the  detention  of  any  boat,  vessel, 
car  or  conveyance  at  such  quarantine  or  place  and  such  boat, 
vessel,  car  or  conreyance  shall  have  been  thoroughly  cleansed 
and  such  persons,  as  aforesaid,  landed  and  placed  in  the  care 
of  such  physician  or  officer,  such  physician  or  officer  shall  give 
such  vessel,  boat,  car  or  conveyance  a  permit,  signed  by  him, 
to  enter  the  city,  which  shall  be  ample  authority  for  the  entry 
of  said  boat,  vessel,  car  or  conveyance,  and  the  said  officers, 
respectively,  shall  discharge  all  persons  in  quarantine,  by  their 
certificate  for  that  purpose,  whenever  they  are  satisfied  that 
such  persons  are  free  of  disease,  and  their  baggage  and  effects 
properly  purified  :  Provided,  however,  that  the  board  in  their 
discretion,  by  proclamation  for  that  purpose,  may,  during  the 
prevalence  of  cholera,  ship  fever  or  other  contagious  or  fatal 


364  GENERAL  ORDINANCES. 

disease,  forbid  the  admission  of  emigrants  or  others  peculiarly 
liable  thereto,  into  any  or  all  of  said  quarantines  or  stations 
until  in  their  opinion  the  health  of  the  city  will  justify  the 
same.  [£.  0.  1888,  Chap.  59,  Sec.  1. 

SEC.  2.  Duty  of  police  to  arrest  persons  dis- 
obeying.— It  shall  be  the  duty  of  said  board  whenever  by 
them  it  shall  be  deemed  necessary,  to  keep  at  the  quarantine 
station  or  stations  a  sufficient  police  force,  whose  duty  it  shall 
be  to  enforce  all  regulations  by  this  article  required,  or  by 
said  board  to  be  established,  and  to  arrest  all  persons  violating 
said  regulations  or  committing  any  breaches  of  the  peace,  and 
bring  such  persons  before  the  judge  of  the  police  court  of  the 
city  for  trial,  and  to  arrest  and  commit  for  trial  all  persons 
disobeying,  interfering  with  or  resisting  any  physician,  health 
officer  or  other  person  in  authority  at  such  quarantine  site, 
place  or  station.  \_R.  O.  1888,  Chap.  59,  Sec.  2. 

SEC.   3.     Obedience  to  orders  may  be  enforced.— 

In  case  any  boat,  vessel,  car  or  public  conveyance  shall  leave 
any  quarantine  station,  place  or  boundary  without  a  permit  as 
aforesaid,  or  shall  fail  to  stop  at  the  same  when  so,  as  afore- 
said, required  by  the  issuing  of  the  said  proclamation,  or  when- 
ever the  person  in  charge  thereof,  or  any  person  under  his 
command,  shall  fail  or  refuse  to  obey  any  regulation  or  com- 
mand of  said  board,  health  officer,  physician  or  person  in 
charge  of  any  quarantine  station  or  place,  or  any  provision  or 
requirement  of  this  article,  the  said  board  shall  have  power, 
and  it  is  hereby  made  their  duty,  if  in  their  opinion  the  health 
of  the  city  requires  it,  to  send  sufficient  police  force  to  such 
boat,  vessel,  car  or  public  conveyance,  and  cause  the  same, 
with  the  crew  and  passengers  on  board,  to  be  landed  or  stop- 
ped, or  conveyed  to  the  quarantine  station  or  place,  and  there 
to  remain  until  properly  discharged  by  the  permit,  as  aforesaid; 
and  the  owner,  master  or  the  person  in  charge  of  such  boat, 
vessel,  car  or  public  conveyance  shall  be  liable  to  the  city  for 
all  expenses  and  costs  incurred  by  reason  thereof ;  and  if  any 


QUARANTINE.  365 

emigrant,  traveler  or  person  so  placed  in  quarantine  as  afore- 
said, shall  leave  the  same  without  permission  /as  aforesaid,  he 
may  be  arrested  and  taken  back  to  said  quarantine,  and  there 
retained  until  such  permission  shall  be  given.  [12.  0.  1888, 
Chap.  59,  Sec.  3: 

SEC.  4.  Regulations  may  be  enforced. — The  said 
board  shall  make  such  rules  and  regulations  for  the  government 
of  the  quarantine  or  health  of  the  city  as  from  time  to  time 
they  shall  deem  necessary  ;  and  the  physicians  or  health  officers 
in  charge  of  any  quarantine  station  or  place,  shall  have  power 
to  make  and  enforce  such  regulations  as  may  be  necessary  for 
the  proper  conduct  and  management  thereof  ;  and  it  shall  be 
the  duty  of  all  persons  in  quarantine,  and  all  agents,  officers, 
policemen  or  others  employed  by  the  city  in  and  about  said 
quarantine  stations  or  places,  to  carry  out  and  obey  the  samo. 
\_R.  O.  1888,  Chap.  59,  Sec.  4- 

SEC.   5.     Board   to    employ    proper   agencies.  — 

The  said  board,  by  and  with  the  approval  of  the  mayor  and 
common  council,  may  appoint  one  or  more  competent  physicians 
as  quarantine  physician,  who  shall  be  present  at  such  quarantine 
stations  as  the  said  board  shall  designate,  and  at  such  times  as 
said  board  shall  direct,  and  attend  to  all  the  duties  imposed  by 
this  article  or  by  the  regulations  of  said  board,  who  shall 
receive  each,  for  actual  services  rendered,  and  for  such  time  as 
such  services  shall  be  actually  required,  not  less  than  five 
dollars  nor  more  than  ten  dollars  per  day,  to  be  allowed  by 
the  said  board  ;  also,  the  said  board  may  employ  such  agents, 
servants,  nurses  or  temporary  medical  assistance,  for  the  pur- 
pose of  carrying  into  effect  the  objects  and  intents  of  this 
article,  or  of  any  regulation  of  the  board,  as  in  their  judgment 
shall,  from  time  to  time,  be  necessary,  or  authorize  the  employ- 
ment thereof,  by  the  physicians  or  health  officers  in  charge  of 
any  quarantine  or  station.  All  the  salaries,  wages  and  expenses 
in  this  section  contemplated  are  to  be  audited  and  allowed  by 
the  said  board  ;  and  when  so  allowed,  are  to  be  paid  out  of  the 


366  GENERAL  ORDINANCES 

fund  set  apart  for  quarantine  purposes,  or,  in  case  of  necessity, 
out  of  the  contingent  fund  of  the  city  :  Provided,  that  when 
practicable,  the  persons  taken  in  such  quarantine  or  stations, 
and  receiving  the  aid  and  care  afforded  thereby,  shall  each  pay 
a  sum  of  money  sufficient  to  meet  all  expenses,  labor  and  care 
incurred  in  his  behalf,  which  said  amounts  shall  be  faithfully 
kept,  reported  and  accounted  for  by  the  physician,  health 
officer  or  other  person  in  charge  of  said  quarantine  or  station, 
to  the  said  board  ;  and  all  other  expenses  incurred  or  to  be 
incurred  by  reason  of  this  article  or  of  any  regulation  of  said 
board,  shall  be  paid  out  of  the  fund  set  apart  for  quarantine 
purposes,  or,  when  necessary,  out  of  the  contingent  fund  of 
the  city.  \R.  0.  1888,  Chap.  59,  Sec.  5. 

SEC.  6.  Regulations  to  prevent  spread  of  dis- 
ease.— No  person,  master,  captain  or  conductor  in  charge  of 
any  boat,  vessel,  railroad  car  or  public  conveyance,  shall  know- 
ingly bring  into  this  city  any  person  or  persons  diseased  of 
cholera,  small-pox,  ship  fever  or  contagious  or  communicable 
disease  whatsoever  ;  and  no  vessel,  boat,  railroad  car  or  public 
conveyance,  at  any  time  covered  by  the  said  proclamation, 
shall  pass  by  any  quarantine  station  or  place  without  stopping, 
nor  shall  leave  the  same  without  the  permit  aforesaid ;  and  no 
person  stopping  in  said  quarantine,  or  so  as  aforesaid  received 
therein,  shall  leave  the  same  without  first  obtaining  permission 
as  aforesaid,  nor  shall  any  person  aid  or  abet  any  master,  con- 
ductor, or  person  in  charge  of  any  boat,  vessel,  railroad  car  or 
public  conveyance,  in  violating,  neglecting  or  evading  any  pro- 
vision or  requirement  of  this  article  ;  nor  shall  any  person 
interfere  with,  resist,  neglect  or  refuse  to  obey  the  orders  of  any 
physician,  health  officer,  policeman  or  other  person  in  authority 
at  any  quarantine  station,  or  place  of  quarantine,  so  as  afore- 
said established,  nor  do  any  act  or  thing  in  violation  of  or  in 
disobedience  to  any  of  the  provisions,  clauses  or  sections  of 
this  article,  nor  shall  commit  any  breach  of  the  peace,  or  do 
any  act  calculated  in  any  way  to  defeat  or  interfere  with  the 


QUARANTINE.  367 

provisions  or  requirements  of  this  article,  or  of  any  regulation 
of  the  said  board,  physician  or  officer  in  charge  of  any  quar- 
antine. [E.  O.  1888,  Chap.  59,  Sec.  6. 

SEC.  7.  Application  of  money. — The  moneys  appro- 
priated to  the  quarantine  fund  shall  be  faithfully  applied  by  the 
said  board  to  the  true  objects  and  purposes  of  its  appropria- 
tion, and  the  said  board  shall  make  reports  of  their  doings  and 
expenditures  to  the  mayor  and  common  council,  whenever 
requested  so  to  do.  [E.  O.  1888,  Chap.  59,  Sec.  7. 

SEC.  8.  Penalty  for  violating",  etc. — Any  master  of 
a  vessel,  conductor,  captain  or  person  whatsoever,  who  shall 
violate  any  clause,  provision,  requirement,  duty  or  regulation 
of  this  article,  or  of  any  rule  or  regulation  of  the  said  board, 
or  physician  or  health  officer  in  charge  of  any  quarantine,  or 
who  shall  fail  or  neglect  to  comply  with  any  such  clause,  pro- 
vision, requirement,  duty  or  orders,  or  who  shall  interfere  with 
or  in  any  manner  resist  any  officer  or  agent  of  the  city  in  the 
discharge  of  his  duty,  as  herein  contemplated,  or  who  shall 
commit  any  breach  of  the  peace  or  be  guilty  of  any  act  or 
thing  calculated  to  defeat  or  interrupt  the  carrying  into  effect 
any  part  of  this  article,  or  any  regulation  of  the  said  board, 
in  cases  where  no  other  penalty  is  provided,  on  conviction  shall 
pay  a  penalty  of  not  less  than  one  dollar  nor  more  than  one 
hundred  dollars.  [R.  O.  1888,  Chap.  59,  Sec.  8. 


368  GENERAL  ORDINANCES. 

CHAPTER  XXXIV. 
HIGHWAYS. 

AKTICLE  I.  NAMES  OP  STREETS. 

II.  GRADES  OP  STREETS. 

III.  GRADING,  IMPROVEMENT  AND  REPAIR  OP  STREETS. 

IV.  EXCAVATING  IN  STREETS. 

V.    OBSTRUCTION  OF  STREETS,  SIDEWALKS,  ETC. 
VI.     CLASSIFICATION  AND  CONSTRUCTION  OP  SIDEWALKS. 
VII.    REPAIR  OF  SIDEWALKS. 

ARTICLE  I. 
NAMES  OF  STREETS. 

SECTION  SECTION 

1.  Streets  described  and  named  shall  3-141.    Streets,  avpnues  and  roads  des- 

be  known  by  names  herein  desig-  ignated  by  names,  alphabeti- 

nated  in  all  records,  acts  or  pro-  cally  arranged. 

ceedings  of  the  city.  142-168.    Streets  designated  by  numbers, 

2.  Manner  of  describing  boundaries  of  numerically  arranged. 

streets  and  avenues.  169-174.    Avenues  designated  by  numbers, 

numerically  arranged. 

SECTION.  1.  Streets  and  avenues  to  be  known  by 
names  herein  designated. — That  the  following  described 
streets  and  avenues,  in  the  city  of  St.  Joseph,  Buchanan  county, 
Missouri,  be  and  the  same  are  hereby  designated  by  the  names 
and  numbers  respectively  given  thereto  as  hereinafter  set  forth: 
Said  streets  and  avenues,  from  and  after  the  passage  and 
approval  of  this  ordinance,  shall  be  known  by  such  names  and 
numbers,  respectively,  in  all  records,  acts  or  proceedings  of 
the  mayor  and  common  council  of  said  city  and  of  all  of  said 
city's  officers  and  agents.  \_G.  0.  No.  555,  Sec.  1. 

SEC.   2.     Manner   of    describing   boundaries    of 

street.  —  When  bounding  the  streets  or  avenues  in  the 
descriptions  set  forth  in  this  ordinance,  by  blocks,  or  by  lots 
or  blocks,  for  brevity's  sake,  only  the  numbers  of  the  blocks, 
or  of  the  lots  or  blocks,  at  the  ends  of  the  street  or  at  the 
boundaries  of  the  addition  through  or  along  which  the  street 
runs,  are  given,  the  numbers  of  the  blocks  in  the  same  row, 


NAMES  OF  STREETS.  369 

tier   or    series,    and    intervening    between   those    named,    are 
omitted.     [G.  O.  No.  555,  Sec.  2. 

STREETS  DESIGNATED  BY  NAMES. 

SEC.  3.  Agency  road. — The  street  commencing  on 
the  north  line  of  south  one-half  of  southeast  quarter  of  south- 
east quarter  of  section  16,  township  57,  range  35,  at  a  point 
1,125  feet  west  of  east  line  of  said  section,  thence  running 
southeast  and  south  to  the  southeast  corner  of  northeast 
quarter  of  northeast  quarter  of  section  21,  township  57,  range 
35,  shall  be  called  the  Agency  road.  The  same  extends  from 
Jackson  street,  near  Twenty-sixth  street,  southeast  to  Walnut 
street  at  the  east  city  limits.  [G.  O.  No.  555,  Sec.  3. 

SEC.  4.  Albemarle  street. — The  street  bounded  on 
the  north  by  blocks  62  and  69  St.  Joseph  Extension  addition, 
and  extending  from  Third  street  east  to  Ninth  street,  shall  be 
called  Albemarle  street.  [G.  O.  No.  555,  Sec.  4- 

SEC.  5.  Alder  street. — The  street  bounded  on  the 
west  by  block  46  Eastern  Extension  addition,  and  extending 
from  Mulberry  street  north  to  Clay  street,  shall  be  called  Alder 

street.      [G.  O.  No.  555,  Sec.  5. 

SEC.  6.  Angelique  street. — The  street  bounded  on 
the  north  by  blocks  37  and  57  Original  Town,  by  block  2  and 
west  one-half  of  block  59  Smith's  addition,  by  blocks  31  and 
28  Carter's  addition,  by  blocks  32  and  29  Harris'  addition,  and 
by  blocks  5  and  23  Villarosa  addition,  and  extending  from 
Third  street  east  to  city  limits,  except  from  alley  between 
Twelfth  and  Thirteenth  streets  to  east  line  of  Smith's  addition, 
shall  be  called  Angelique  street.  [G.  0.  No.  555,  Sec.  6. 

SEC.  7.  Antoine  street. — The  street  bounded  on  the 
north  by  blocks  2  and  15  Bellevue  addition  and  by  blocks  15 
and  21  Robidoux  addition,  and  extending  from  Sixth  street 
west  to  city  limits,  shall  be  called  Antoine  street.  [G.  0.  No. 

555,  Sec.  7. 

24 


370  GENERAL  ORDINANCES. 

SEC.  8.  Ashland  avenue. — The  street  bounded  on  the 
northwest  by  blocks  1  and  5  Saxton  Heights  addition,  thence 
bounded  on  the  southeast  by  block  1  Linden  Heights  addition, 
and  extending  from  Frederick  avenue  northeast  to  the  east  city 
limits,  shall  be  called  Ashland  avenue.  [G.  0.  No.  555,  Sec.  8. 

SEC.  9.  Atchison  street. — The  street  bounded  on  the 
north  by  blocks  174  and  168  South  St.  Joseph  addition,  by 
block  1  Noble  Tract,  by  Kiley's  addition,  by  lot  5,  block  2 
Noble  Tract,  and  extending  from  Eleventh  street  west  to  the 
Missouri  river  ;  also  the  street  bounded  on  the  north  by  Sunny- 
side  addition,  by  Horn  Heights  addition,  and  extending  from 
Twelfth  street  east  to  Nineteenth  street;  also  the  street  bounded 
on  the  north  by  blocks  7  and  8  Gladstone  Heights  addition, 
and  extending  from  Twenty-second  street  east  to  the  east  line 
of  said  addition,  shall  be  called  Atchison  street.  \_G.  0.  No. 
555,  Sec.  9. 

SEC.  10.  Anguste  street. — The  street  bounded  on  the 
north  by  blocks  7  arid  21  Bellevue  addition,  by  blocks  47  and 
65  Robidoux  addition,  and  extending  from  Sixth  street  west  to 
city  limits,  shall  be  called  Auguste  street.  [G.  0.  No.  555, 
Sec.  10. 

SEC.  11.  Bartlett  street. — The  street  bounded  on  the 
west  by  blocks  169  and  86  South  St.  Joseph  addition,  by  blocks 
23  and  12  Bartlett  and  Russell's  addition,  by  block  2  Corby's 
addition,  by  block  2  Ege's  Second  addition,  and  extending  from 
Atchison  street  north  to  the  north  line  of  Ege's  Second  addi- 
tion, shall  be  called  Bartlett  street.  [G.  0.  No.  555,  Sec.  11. 

SEC.  12.  Beattie  street. — The  street  bounded  on  the 
north  by  lot  16,  block  2  Smith  and  Lewis'  (1st)  addition,  by 
blocks  16  and  21  Highley's  addition,  by  blocks  5  and  6  Car- 
bry's  addition,  and  extending  from  Thirteenth  street  east  to 
Twenty-second  street,  shall  be  called  Beattie  street.  [G.  O. 
No.  555,  Sec.  12. 

SEC.  13.  Belle  street. — The  street  bounded  on  the 
north  by  blocks  12  and  4  South  Park  addition,  by  blocks  5  and  6 


NAMES  OF  STREETS.  371 

Seymour's  addition,  by  blocks  1  and  3  Thomas'  addition,  and 
extending  from  Sixteenth  street  east  to  Twenty-second  street, 
shall  be  called  Belle  street.  [G.  0.  No.  555,  Sec.  13. 

SEC.  14.  Bellevue  street. — The  street  bounded  on  the 
east  by  blocks  3  and  5  Wells'  addition,  by  blocks  1  and  7 
Bellevue  addition,  by  blocks  1  and  4=  Western  addition,  and 
extending  from  Missouri  river  north  to  city  limits,  shall  be 
called  Bellevue  street.  [G.  0.  No.  555,  Sec.  14. 

SEC.  15.  Bond  street. — The  street  bounded  on  the 
north  by  blocks  1  and  2  South  Park  addition,  and  extending 
from  Sixteenth  street  east  to  Eighteenth  street,  shall  be  called 
Bond  street.  [G.  O.  No.  555,  Sec.  15. 

SEC.  16.  Boyd  street. — The  street  bounded  on  the 
north  by  lots  17  and  24,  block  2,  and  by  lot  10,  block  1, 
North  St.  Joseph  (1st)  addition,  by  blocks  16  and  21  North 
St.  Joseph  second  addition,  by  blocks  5  and  6  Oakland  Park 
addition,  and  extending  from  Twelfth  street  east  to  Twenty- 
second  street,  shall  be  called  Boyd  street.  \_G.  0.  No.  555, 
Sec.  16. 

SEC.  17.  Broadway. — The  street  bounded  on  the  south 
by  blocks  2  and  22,  Walkers  (1st)  addition  and  extending  from 
St.  Joseph  avenue  west  to  the  west  line  of  said  addition,  shall 
be  called  Broadway.  \_G.  0.  No.  555,  Sec.  17. 

SEC.  18.  Buchanan  avenue. — The  street  bounded  on 
the  north  by  Landis  and  Hull's  addition  and  produced  thence 
southwest  across  block  1,  Harris  (2nd)  addition  and  block  66 
Smith's  addition,  and  extending  from  a  point  on  Thirteenth 
street  70  feet  north  of  Faraon  street,  northeast  to  Kemper 
street  near  Clay  street,  shall  be  called  Buchanan  avenue. 
[G.  0.  No.  555,  Sec.  18. 

SEC.  19.  Catawba  street. — The  street  bounded  on 
the  west  by  block  2,  Dr.  S.  McDonald's  addition,  by  blocks  4 
and  6  McCool's  addition,  by  blocks  16  and  14  Walker's  (1st) 


372  GENERAL  ORDINANCES. 

addition,   and  extending  from   Shady  avenue  north  to  Broad- 
way, shall  be  called  Catawba  street.      [G.  0.  No.  555,  Sec.  19. 

SEC.  20.  Cedar  street. — The  street  bounded  on  the 
north  by  blocks  164  and  167  South  St.  Joseph  addition,  and 
extending  from  Third  street  east  to  Sixth  street  ;  also  the  street 
bounded  on  the  north  by  blocks  2  and  26  Horn  Heights  addi- 
tion, and  extending  from  Fourteenth  street  east  to  Ninteenth 
street,  shall  be  called  Cedar  street.  [G.  O.  No.  555,  Sec.  20. 

SEC.  21.  Center  street. — The  street  bounded  on  the 
north  by  block  6  South  Park  addition,  and  extending  from 
Linwood  avenue  east  to  Eighteenth  street,  shall  be  called 
Center  street.  [G.  0.  No.  555,  Sec.  21. 

SEC.  22.  Charles  street.— The  street  bounded  on  the 
north  by  blocks  19  and  59  Original  Town,  by  blocks  4  and  42 
Smith's  addition,  by  blocks  6  and  4  Wilson's  addition,  by 
blocks  23  and  20  Carter's  addition,  by  blocks  24  and  39  Har- 
ris' addition,  by  blocks  3  and  21  Villarosa  addition  and  ex- 
tending from  the  Missouri  river  east  to  city  limits,  shall  be 
called  Charles  street.  [G.  0.  No.  555,  Sec.  22. 

SEC.  23.  Cherry  street. — The  street  bounded  on  the 
north  by  blocks  5  and  8  St.  Joseph  Extension  addition  and 
extending  from  Water  street  east  to  Third  street,  shall  be 
called  Cherry  street.  [G.  0.  No.  555,  Sec.  23. 

SEC.  24.  Chestnut  street. — The  street  bounded  on 
the  north  by  blocks  13  and  16  St.  Joseph  Extension  addition 
and  extending  from  Water  street  to  Third  street,  shall  be 
called  Chestnut  street.  [G.  0.  No.  555,  Sec.  24. 

SEC.  25.  Church  street. — The  street  bounded  on  the 
south  by  lot  2,  block  2  Ohio's  addition,  by  lot  8,  block  1  and 
lot  9,  block  2  Rogers'  (1st)  addition,  by  blocks  32  and  30 
St.  Joseph  Improvement  addition  and  extending  from  Ninth 
street  east  to  Thirteenth  street,  shall  be  called  Church  street. 
[G.  0.  No.  555,  Sec.  25. 


NAMES  OF  STREETS.  373 

SEC.  26.  Clay  street. — The  street  bounded  on  the 
south  by  blocks  2  and  7  Kemper's  addition,  by  Hedenberg's 
(1st)  addition,  by  blocks  20  and  17  St.  Joseph  Eastern  JExten- 
sion  addition,  by  blocks  43  and  47  Eastern  Extension  addi- 
tion and  extending  from  Kemper  street  east  to  Twenty-eighth 
street  or  east  city  limits,  shall  be  called  Clay  street.  [G.  O. 
No.  555,  Sec.  26. 

SEC.  27.  Colhoun  street. — The  street  bounded  on  the 
north  by  blocks.  3  and  8,  Oliver  Glass  and  Wilson's  addition 
and  extending  from  Seventeenth  street  east  to  Frederick 
avenue;  also  the  street  bounded  on  the  north  by  blocks  13 
and  14  Kemper's  addition,  by  blocks  5  and  8  St.  Joseph 
Eastern  Extension  addition  and  extending  from  Frederick 
avenue  east  to  the  alley  east  of  Twenty-fifth  street,  shall  be 
called  Colhoun  street.  [G.  0.  No.  555,  Sec.  27. 

SEC.  28.  Commercial  street. — The  street  bounded 
on  the  north  by  blocks  7  and  5  South  Park  addition,  by  blocks 
3  and  4  Seymour's  addition,  by  blocks  6  and  4  Thomas'  addi- 
tion and  extending  from  Sixteenth  street  and  Garfield  avenue 
east  to  Twenty-second  street,  shall  be  called  Commercial  street. 
[G.  0.  No.  555,  Sec.  28. 

SEC.  29.  Concord  Street. — The  street  bounded  on 
the  north  by  blocks  3  and  12  McCool's  addition  and  extending 
from  St.  Joseph  avenue  west  to  the  west  line  of  said  addition, 
shall  be  called  Concord  street.  [G.  O.  No.  555,  Sec.  29. 

SEC.  30.  Corby  street. — The  street  bounded  on  the 
north  by  blocks  12  and  16  St.  Joseph  Improvement  addition, 
by  blocks  3  and  4  Rogers'  (2d)  addition,  and  extending  from 
Sixth  street  east  to  the  alley  east  of  Thirteenth  street,  shall  be 
called  Corby  street.  [G.  O.  No.  555,  Sec.  30. 

SEC.  31.  Cudmore  street. — The  street  bounded  on 
the  north  by  blocks  4  and  6  Cudmore  addition  and  extending 
from  the  alley  west  of  Seventeenth  street  east  to  Nineteenth 
street,  shall  be  called  Cudmore  street.  \_G.  O.  No.  555, 
Sec.  31. 


374  GENERAL  ORDINANCES 

SEC.  32.  Dearborn  street. — The  street  bounded  on 
the  west  by  blocks  7  and  6  Walker's  (1st)  addition  and  ex- 
tending from  St.  Joseph  avenue  north  to  Broadway,  shall  be 
called  Dearborn  street.  \_G.  O.  No.  555,  Sec.  32. 

SEC.  33.  "Delaware  street.— The  street  bounded  on 
the  north  by  blocks  4  and  5  Saxton  Heights  addition  and 
extending  from  Twenty-sixth  street  east  to  Ashland  avenue, 
shall  be  called  Delaware  street.  \_G.  O.  No.  555,  Sec.  33. 

SEC.  34.  Diana  street. — The  street  bounded  on  the 
east  by  blocks  6  and  3  Dr.  S.  McDonald's  addition,  by  blocks 
7  and  9  McCool's  addition,  by  blocks  17  and  19  Walker's  (1st) 
addition  and  extending  from  the  south  line  of  Dr.  S.  Mc- 
Donald's addition  north  to  Broadway,  shall  be  called  Diana 
street.  [G.  O.  No.  555,  Sec.  35. 

SEC.  35.  Dolman  street. — The  street  bounded  on  the 
north  by  blocks  28  and  33  St.  Joseph  Extension  addition,  and 
extending  from  Water  street  east  to  Washington  avenue,  shall 
be  called  Dolman  street.  \_G.  0.  No.  555,  Sec.  35. 

SEC.  36.  Doniphan  avenue. — The  street  bounded  on 
the  north  by  blocks  69  and  71  South  St.  Joseph  addition,  by 
blocks  11  and  12  Bartlett  and  Russell's  addition,  and  extend- 
ing from  the  Missouri  river  east  to  Sixth  street ;  also  the  street 
bounded  on  the  north  by  blocks  50  and  37  South  St.  Joseph 
addition,  block  2  Goodlive's  addition,  and  extending  from  the 
west  line  of  said  block  50  east  to  Fourteenth  street ;  also  the 
street  bounded  on  the  north  by  block  1  Donnell  Park  addi- 
tion, and  extending  from  the  west  line  of  east  one-half  of 
northwest  quarter  of  southeast  quarter  of  southwest  quarter, 
section  16,  township  57,  range  35,  thence  east  to  Twentieth 
street ;  also  the  street  bounded  on  the  north  by  blocks  2  and  3 
Donnell  and  Saxton's  addition,  and  extending  from  Twenty- 
second  street  east  to  east  line  of  said  addition  ;  also  the  street 
bounded  on  the  north  by  blocks  1  and  4  Grandview  addition, 


NAMES  OF  STREETS.  375 

and   extending  from  Twenty-seventh   street  east   to   Twenty- 
eighth  street,  shall  be   called  Doniphan  avenue.      [G.  0.  No. 

555,  Sec.  36. 

SEC.  37.  Douglass  street. — The  street  bounded  on  the 
north  by  blocks  3  and  4  Finger's  addition,  by  blocks  9  and 
12  North  St.  Joseph  (1st)  addition,  by  blocks  6  and  9  North 
St.  Joseph  (2nd)  addition,  and  extending  from  the  west  line  of 
Finger's  addition  east  to  Eighteenth  street  ;  also  the  street 
bounded  on  the  north  by  blocks  9  and  10,  Oakland  Park  addi- 
tion, and  extending  from  the  west  line  of  said  addition  east  to 
Twenty-second  street,  shall  be  called  Douglass  street.  [G.  O. 
No.  555,  Sec.  37. 

SEC.  38.  Dughill  road. — The  street  extending  from 
Auguste  street  at  the  alley  between  Water  and  Bellevue  streets 
northwest  to  the  west  city  limits  at  the  northwest  corner  of  lot 
7,  block  23  Bellevue  addition,  shall  be  called  Dughill  road. 

[G.  O.  No.  555,   Sec.  38. 

SEC.  39.  Duncan  street. — The  street  bounded  on  the 
north  by  blocks  66  and  67  South  St.  Joseph  addition,  and 
extending  from  the  Missouri  river  east  to  Fourth  street ;  also 
the  street  bounded  on  the  north  by  blocks  49  and  36  South 
St.  Joseph  addition,  and  extending  from  the  west  line  of  said 
block  49  east  to  Thirteenth  street ;  also  the  street  bounded  on 
the  north  by  blocks  54  and  48  Patee's  addition,  thence 
bounded  on  the  south  by  Donnell  and  Saxton's  addition,  and 
extending  from  fourteenth  street  to  the  east  line  of  Donnell 
and  Saxton's  addition;  also  the  street  bounded  on  the  south  by 
blocks  1  and  4  Grandview  addition,  and  extending  from 
Twenty-seventh  street  east  to  Twenty-eighth  street,  shall  be 
called  Duncan  street.  [G.  O.  No.  555,  Sec.  39. 

SEC.  40.  Edmond  street. — The  street  bounded  on  the 
north  by  blocks  20  and  60  Original  Town,  by  blocks  5  and  41 
Smith's  addition,  by  blocks  1  and  9  Wilson's  addition,  by 
blocks  17  and  19  Carter's  addition,  by  blocks  17  and  38 


376  GENERAL  ORDINANCES. 

Harris'  addition,  by  blocks  2  and  11  Yillarosa  addition,  by 
blocks  67  and  70  Eastern  Extension  addition,  and  extending 
from  the  Missouri  river  east  to  the  city  limits,  shall  be  called 
Edmond  street.  [G.  0.  No.  555,  Sec.  40. 

SEC.  41.  Elwood  street.  —The  street  bounded  on  the 
east  by  blocks  9  and  16  Bellevue  addition,  and  extending 
from  the  Missouri  river  north  to  Rosine  street  at  Dughill  road, 
shall  be  called  Elwood  street.  [G.  0.  No.  555,  Sec.  41. 

SEC.  42.  Elm  street. — The  street  lying  between  lots  1 
and  2,  block  5  Patee's  addition,  and  extending  from  Eleventh 
street  east  to  Vine  street,  shall  be  called  Elm  street.  [G.  0. 

No.  555,  Sec.  1$. 

SEC.  43.  Evalene  street. — The  street  bounded  on  the 
north  by  block  2  Davis'  addition  and  extending  from  St. 
Joseph  avenue  east  to  the  east  line  of  said  addition,  shall  be 
called  Evalene  street.  [G.  O.  No.  555,  Sec.  1$. 

SEC.  44.  Faraon  street. — The  street  bounded  on  the 
north  by  block  3  Wells'  addition  by  blocks  4  and  64  Original 
Town,  by  blocks  15  and  66  Smith's  addition,  by  Nunning 
Place  addition,  by  blocks  1  and  4  Carter's  addition,  by  blocks 
1  and  4  Harris'  addition,  by  block  1  McDonald  Place  addition, 
by  blocks  25  and  54  Eastern  Extension  addition  and  extend- 
ing from  the  Missouri  river  east  to  city  limits,  except  where 
vacated  from  Main  to  Levee  streets,  shall  be  called  Faraon 
street.  [G.  O.  No.  555,  Sec.  44. 

SEC.  45.  Felix  street. — The  street  bounded  on  the 
north  by  blocks  10  and  61  Original  Town,  by  blocks  6  and  69 
Smith's  addition,  by  blocks  13  and  16  Carter's  addition,  by 
blocks  16  and  37  Harris'  addition,  by  blocks  1  and  12  Yilla- 
rosa addition,  by  blocks  63  and  66  Eastern  Extension  addition 
and  extending  from  the  Missouri  river  east  to  city  limits,  shall 
be  called  Felix  street.  [G.  0.  No.  555,  Sec.  Jfi. 

SEC.  46.  Fillmore  street. — The  street  bounded  on 
the  northeast  by  blocks  43  and  45  St.  Joseph  Extension  addi- 


NAMES  OF  STREETS.  377 

tion  and  extending^  from  Washington  avenue  southeast  to  the 
to  the  east  line  of  said  addition,  shall  be  called  Fillmore 
street.  [G.  0.  No.  555,  Sec.  46. 

SEC.  47.  Folsom  street. — The  street  bounded  on  the 
north  by  blocks  3  and  6  Saxton  Heights  addition  and  extend- 
ing from  Twenty-sixth  street  east  to  Ashland  avenue,  shall  be 
called  Folsom  street.  [G.  0.  No.  555,  Sec.  47. 

SEC.  48.  Francis  street. — The  street  bounded  on  the 
north  by  blocks  2  and  62  Original  Town,  by  blocks  13  and  68 
Smith's  addition,  by  blocks  9  and  12  Carters  addition,  by 
blocks  9  and  12  Hairis'  addition,  by  block  3  McDonald  Place 
addition,  by  blocks  29  and  62  Eastern  Extension  addition  and 
extending  from  the  Missouri  river  east  to  city  limits,  shall  be 
called  Francis  street.  [G.  0.  No.  555,  Sec.  48. 

SEC.  49.  Franklin  street. — The  street  bounded  on 
the  north  by  blocks  5  and  19  Bellevue  addition,  by  blocks  36 
and  42  Robidoux  addition  and  extending  from  Sixth  street 
west  to  the  city  limits,  shall  be  called  Franklin  street.  [G. 
O.  No.  555,  Sec.  49. 

SEC.  50.  Frederick  avenue. — The  street  bounded  on 
the  northwest  by  lots  1  and  4,  block  22,  and  by  lots  1  and  4, 
block  34,  and  by  lots  1  and  4,  block  38  Smith's  addition,  by 
Taylor's  sub-division  of  lot  1,  block  50  Smith's  addition,  by 
Fink's  addition  and  further  bounded  on  the  southeast  by 
Harris'  (2d)  addition,  by  Landis  and  Hull's  addition,  and  further 
bounded  on  the  northwest  by  Oliver  Glass  and  Wilson's  addi- 
tion, by  Highly's  addition,  by  lots  1  and  6,  block  5,  and  by 
lots  16  and  20  and  lots  6  and  10,  block  3,  and  by  lots  1  and 
4,  block  2,  St.  Joseph  Eastern  Extension  addition,  thence 
running  east  along  the  line  between  Sections  4  and  9,  township 
57,  range  35,  and  extending  from  Eighth  and  Felix  streets 
northeast  to  Twenty-fifth  and  Highly  streets  and  thence  ex- 
tending east  to  Twenty-eighth  street,  shall  be  called  Frederick 
avenue.  [G.  O.  No.  555,  Sec.  50. 

25 


378  GENERAL  ORDINANCES. 

SEC.  51.  Garfield  avenue. — The  street  bounded  on 
the  Northeast  by  lot  6  Noble's  addition,  by  Calvary  cemetery, 
by  South  Park  addition,  by  Factory  Ground  addition,  by 
Boesl's  addition,  by  Connett  Place  addition  and  extending 
from  Eleventh  street  north  of  Atchison  street,  southeast  to 
Twenty-second  street  at  a  point  260  feet  north  of  the  south 
city  limits,  shall  be  called  Garfield  avenue.  [G.  O.  No.  555, 
Sec.  51. 

SEC.  52.  Grand  avenue.- — The  street  bounded  on  the 
north  by  blocks  2  and  5  Pinger's  addition,  by  blocks  5  and  8 
North  St.  Joseph  (1st)  addition,  by  blocks  10  and  15  North 
St.  Joseph  (2d)  addition,  by  blocks  7  and  8  Oakland  Park 
addition  and  extending  from  the  west  line  of  Pinger's  addi- 
tion at  Fillmore  street,  east  to  Twenty-second  street,  shall  be 
called  Grand  avenue.  [G.  0.  No.  555,  Sec.  52. 

SEC.  53.  Grape  street. — The  street  bounded  on  the 
west  by  blocks  5  and  4  Dr.  S.  McDonald's  addition,  by  blocks 
10  and  12  McCool's  addition,  by  blocks  24  and  22  Walker's 
(1st)  addition,  and  extending  from  the  alley  south  south  of 
Shady  avenue  north  to  Broadway,  shall  be  called  Grape  street. 
[G.  O.  No.  555,  Sec.  53. 

SEC.  54.  Hall  street. — The  street  bounded  on  the 
north  by  Ege's  (1st)  addition,  by  block  3  County  addition,  and 
extending  from  Sixth  street  east  to  Ninth  street,  shall  be  called 
Hall  street.  [G.  O.  No.  555,  Sec.  ££. 

SEC.  55.  Hallack  street. — The  street  bounded  on  the 
east  by  block  2  McCord's  sub-division  in  block  3  Kemper's 
addition,  and  extending  from  Clay  street  north  to  Union  street, 
shall  be  called  Hallack  street.  [G.  0.  No.  555,  Sec.  55. 

SEC.  56.  Hamburg  avenue. — The  street  bounded  on 
on  the  north  by  blocks  2  and  11  McCool's  addition,  and  ex- 
tending from  St.  Joseph  avenue  west  to  the  west  line  of  said 
addition,  shall  be  called  Hamburg  avenue.  \_G.  O.  No.  555, 
Sec.  56. 


NAMES  OF  STREETS.  379 

SEC.  57.  Helena  street. — The  street  bounded  on  the 
north  by  block  3  Davis'  addition,  and  extending  from  St. 
Joseph  avenue  east  to  the  east  line  of  said  addition,  shall  be 
called  Helena  street.  [G.  O.  No.  555,  Sec.  57. 

SEC.  58.  Henry  street. — The  street  bounded  on  the 
north  by  blocks  22  and  24  St.  Joseph  Improvement  addition, 
and  extending  from  Thirteenth  street  west  to  the  alley  west  of 
Eleventh  street,  shall  be  called  Henry  street.  [G.  0.  No.  555, 
Sec.  58. 

SEC.  59.  Hermann  avenue. — The  street  bounded  on 
the  south  by  blocks  1  and  2  Hall's  3rd  addition,  by  block  5 
Hermann's  addition,  and  extending  from  Twenty-second  street, 
north  of  Olive  street,  northeast  to  Twenty-fourth  and  Mary 
streets,  shall  be  called  Hermann  avenue.  [G.  0.  No.  555 ', 
Sec.  59. 

SEC.  60.  Heuschele  avenue. — The  street  extending 
from  Twelfth  street,  at  northwest  corner  of  lot  8,  block  1 
Smith  and  Lewis'  (2nd)  addition,  southeast  to  Thirteenth  street 
at  the  southeast  corner  of  lot  9  of  the  same  block  ;  also  the 
street  extending  from  Thirteenth  street,  at  the  northwest  cor- 
ner of  lot  11  block  1  Smith  and  Jones'  addition,  southeast  to 
Fifteenth  street  at  a  point  20  feet  north  of  the  southeast  corner 
of  lot  1  block  27  Highly's  addition  ;  also  the  street  bounded 
on  the  south  by  lot  4  block  26  Highly's  addition,  shall  be 
called  Heuschele  avenue.  [G.  O.  No.  555,  Sec.  60.  " 

SEC.  61.  Hickory  street.— The  street  bounded  on  the 
north  by  blocks  115  and  129  South  St.  Joseph  addition,  by 
blocks  5  and  29  Horn  Heights'  addition  and  extending  from 
the  Missouri  river  east  to  Nineteenth  street,  shall  be  called 
Hickory  street.  [G.  0.  No.  555,  Sec.  61. 

SEC.  62.  Highland  avenue. — The  street  bounded  on 
the  north  by  blocks  34  and  42  St.  Joseph  Extension  addition 
and  extending  from  Water  street  east  to  the  east  line  of  said 
addition ;  also,  the  street  bounded  on  the  south  bv  blocks  9 


380  GENEKAL  ORDINANCES. 

and  12  North  St.  Joseph  (1st)  addition,  by  blocks  6  and  9 
North  St.  Joseph  Second  addition  and  extending  from  Tenth 
street  east  to  Eighteenth  street ;  also,  the  street  bounded  on 
the  north  by  blocks  11  and  12  Oakland  Park  addition  and  ex- 
tending from  Twenty-second  street  west  to  the  west  line  of 
said  addition,  shall  be  called  Highland  avenue.  [G.  0.  No. 
555,  Sec.  62. 

SEC.  63.  Highly  street. — The  street  bounded  on  the 
north  by  Duncan  Place  addition,  by  Jackson's  addition,  by 
blocks  10  and  15  Highly's  addition,  by  blocks  3  and  4  Car- 
bry's  addition  and  thence  bounded  on  the  south  by  lots  1  and 
4  block  2  and  by  blocks  3  and  4  St.  Joseph  Eastern  Extension 
addition  and  extending  from  Eleventh  street  east  to  Frederick 
avenue  near  Twenty-fifth  street,  shall  be  called  Highly  street. 
[G.  O.  No.  555,  Sec.  63. 

SEC.  64.  Holman  street. — The  street  bounded  on  the 
north  by  lot  2,  block  2  Smith  and  Lewis'  (1st)  addition,  by 
blocks  22  and  27  Highly's  addition,  by  blocks  1  and  2  Oak- 
land Park  addition  and  extending  from  Thirteenth  street  east 
to  Twenty-second  street,  shall  be  called  Holman  street.  [G.  0. 
No.  555,  Sec.  64. 

SEC.  65.  Howard  street. — The  street  bounded  on  the 
north  by  blocks  4  and  7  Oliver  Glass  and  Wilson's  addition, 
by  blocks  2  and  8  Highly's  addition  and  extending  from 
Seventeenth  street  east  to  Frederick  avenue,  shall  be  called 
Howard  street.  [G.  0.  No.  555,  Sec.  65. 

0 

SEC.  66.  Isabelle  street. — The  street  bounded  on  the 
north  by  blocks  9  and  22  Bellevue  addition,  by  blocks  53  and 
58  Robidoux  addition,  by  blocks  1  and  2  Central  addition 
and  extending  from  Sixth  street  west  to  city  limits,  except 
from  Water  street  to  Bellevue  street,  shall  be  called  Isabelle 
street.  [G.  0.  No.  555,  Sec.  66. 

SEC.  67.  Isadore  street. — The  street  bounded  on  the 
north  bv  blocks  1  and  16  Bellevue  addition,  by  blocks  8  and 


NAMES  OF  STREETS.  381 

14  Kobidoux  addition,  and  extending  from  Sixth  street  west 
to  the  Missouri  river  ;  also  the  street  bounded  on  the  north  by 
fractional  lot  1,  block  2  Rogers'  (1st)  addition,  by  blocks  30 
and  32  St.  Joseph  Improvement  addition  and  extending  from 
Tenth  street  east  to  Thirteenth  street,  shall  be  called  Isadore 
street.  \_G.  O.  No.  555,  Sec.  67. 

SEC.  68.  Jackson  street. — The  street  bounded  on  the 
north  by  blocks  78  and  76  South  St.  Joseph  addition,  by  blocks 
21  and  22  Bartlett  and  Russell's  addition  and  extending  from 
Sixth  street  west  to  the  Missouri  river  ;  also  the  street  bounded 
on  the  north  by  blocks  51  and  43  South  St.  Joseph  addition 
and  extending  from  the  west  line  of  said  block  51  east  to  Four- 
teenth street ;  also  the  street  bounded  on  the  south  by  block 
2  R.  W.  DonnelPs  addition,  by  blocks  3  and  4  Tapee's  addi- 
tion, by  blocks  3  and  4  Maddinger's  addition,  thence  bounded 
on  the  north  by  blocks  1  and  4  Donnell  and  Saxton's  addition, 
by  blocks  2  and  3  Grand  view  addition  and  extending  from 
Sixteenth  street  east  to  city  limits,  shall  be  called  Jackson 
street.  [G.  0.  No.  555,  Sec.  68. 

SEC.  69.  James  street. — The  street  bounded  on  the 
north  by  block's  3  and  4  Oakland  Park  addition  and  extend- 
ing from  Twenty-second  street  west  to  the  west  line  of  said 
addition,  shall  be  called  James  street.  [G.  O.  No.  555,  &ec.  69. 

SEC.  70.  Jefferson  street. — The  street  bounded  on 
the  northeast  by  blocks  46  and  48,  St.  Joseph  Extension  addi- 
tion and  extending  from  Washington  avenue  southeast  to  the 
alley  east  of  St.  Joseph  avenue;  also  the  street  bounded  on 
the  north  by  block  65,  St.  Joseph  Extension  addition  and  ex- 
tending from  Eighth  street  east  to  Tenth  street,  shall  be  called 
Jefferson  street.  [G.  0.  No.  555,  Sec.  70. 

SEC.  71.  Jones  street. — The  street  bounded  on  the 
north  by  blocks  5  and  6  Oliver  Glass  and  Wilson's  addition, 
by  blocks  3  and  9  Highly's  addition,  by  block  2  Carbry's 
addition,  by  blocks  1  and  4  St.  Joseph  Eastern  Extension 


382  GENERAL  ORDINANCES. 

addition  and  extending  from  Seventeenth  street  east  to  the 
alley  east  of  Twenty-fifth  street,  shall  be  called  Jones  street. 
[G.  O.  No.  555,  Sec.  71. 

SEC.  72.  Jules  Street. — The  street  bounded  on  the 
north  by  blocks  3  and  63  original  town,  by  blocks  14  and  67 
Smith's  addition,  by  blocks  5  and  8  Carter's  addition,  by 
blocks  5  and  8  Harris'  addition,  by  block  2  McDonald  Place 
addition,  by  blocks  28  and  55  Eastern  Extension  addition  and 
extending  from  the  Missouri  river  east  to  city  limits,  shall  be 
called  Jules  street.  [G.  0.  No.  555,  Sec.  72. 

SEC.  73.  Kemper  street. — The  street  bounded  on  the 
west  by  block  5  Landis'  addition,  by  block  3  Landis  and  Hull's 
addition  and  on  the  east  by  Kemper's  addition,  and  extend- 
ing from  Seventeenth  and  Frederick  avenue  southeast  to 
Eighteenth  street  at  the  alley  north  of  Faraon  street,  shall 
be  called  Kemper  street.  [  G.  O.  No.  555,  Sec.  73. 

SEC.  74.  King  Hill  avenvie. — The  street  extending 
from  a  point  on  north  and  south  quarter  section  line  of 
section  20,  township  57,  range  35,  650  feet  north  of  the  south 
line  of  the  section,  thence  southwest  to  a  point  on  south  line 
of  said  section  or  south  city  limits,  thence  400  feet  west  of  the 
southeast  corner  of  the  southwest  quarter  of  section  20, 
township  58,  range  35,  shall  be  called  King  Hill  avenue,  and 
extends  from  Sixth  street  southwest  to  Lake  Boulevard.  \_G. 
O.  No.  555,  Sec.  74. 

SEC.  75.  Lafayette  street. — The  street  bounded  on 
the  north  by  block  6  St.  Joseph's  Garden  addition  and  by 
blocks  1  and  3  Mitchell's  addition,  extending  from  Sixth  street 
west  to  the  Missouri  river;  also,  the  street  bounded  on  the 
north  by  blocks  44  and  23  Patee's  addition,  by  blocks  85  and 
92  Patee's  addition,  by  blocks  3  and  4  Hall's  third  addition, 
by  block  1  Hermann's  addition,  by  blocks  9  and  10  Wyatt  Park 
addition  and  extending  from  Eighth  street  east  to  the  city 
limits,  except  from  Thirteenth  street  to  Fourteenth  street, 
shall  be  called  Lafayette  street.  [G.  O.  No.  555,  Sec.  75. 


NAMES  OF  STREETS.  383 

SEC.  76.  Lake  Boulevard. — The  street  lying  along 
the  south  line  of  section  20,  township  57,  range  35,  from  the 
southwest  corner  of  said  section  east  to  a  point  550  feet  east 
of  the  southwest  coiner  of  the  southeast  quarter  of  said  sec- 
tion, except  from  King  Hill  avenue  to  Sixth  street ;  also,  the 
street  bounded  on  the  north  by  Alphonso  Place  and  Cudmore's 
addition  and  extending  from  Sixteenth  street  east  to  Nine- 
teenth street,  shall  be  called  Lake  Boulevard.  [G.  0.  No.  555, 
Sec.  76. 

SEC.  77.  Levee  street. — The  street  bounded  on  the 
east  by  blocks  10  and  6  Original  Town,  by  blocks  6  and  60 
Robidoux  addition,  by  blocks  2  and  35  St.  Joseph  Extension 
addition  and  extending  from  the  Missouri  river  at  Francis 
street  north  to  city  limits,  shall  be  called  Levee  street.  [G.  O. 
No.  555,  Sec.  77. 

SEC.  78.  Lincoln  street. — The  street  bounded  on  the 
north  by  blocks  6  and  1  St.  Joseph  Improvement  addition,  by 
blocks  7  and  8  Roger's  Second  addition  and  extending  from 
Sixth  street  east  to  the  alley  east  of  Thirteenth  street,  shall  be 
called  Lincoln  street.  [G.  O.  No.  555,  Sec.  78. 

SEC.  79.  Linden  avenue. — The  street  bounded  on  the 
south  by  lots  1  and  2,  block  2  Linden  Heights  addition  and 
extending  from  Ashland  avenue  east  to  the  city  limits,  shall 
be  called  Linden  avenue.  [G.  0.  No.  555,  Sec.  79. 

SEC.  80.  Linn  street. — The  street  bounded  on  the 
north  by  blocks  9  and  12  St.  Joseph  Extension  addition,  and 
extending  from  Water  street  east  to  Third  and  Middleton  street, 
shall  be  called  Linn  street.  [G.  0.  No.  555,  Sec.  80. 

SEC.  81.  Linwood  avenue. — The  street  bounded  on 
the  west  by  block  2  Springdale  addition,  and  extending  from 
Seymour  street  north  to  Spring  street  and  Southside  avenue  ; 
also  the  street  bounded  on  the  west  by  block  7  South  Park 
addition,  and  extending  from  Commercial  street  north  to  Belle 
street,  shall  be  called  Linwood  avenue.  [G.  O.  No.  555, 
Sec.  81. 


384  GENERAL  ORDINANCES. 

SEC.  82.  Locust  street. — The  street  bounded  on  the 
north  by  block  9  O'Donoghue's  addition,  by  block  16  and  lots 
13  and  16,  block  17  Mayer's  (1st)  addition,  and  extending  from 
the  east  line  of  said  lot  13  west  to  the  Missouri  river  ;  also  the 
street  bounded  on  the  north  by  Hughes  and  Middleton's  addi- 
tion, by  blocks  1  and  4  and  lot  1,  block  5  Fatee's  addition,  and 
extending  from  Sixth  street  east  to  Yine  street;  also  the  street 
bound  on  the  north  by  blocks  1  and  6  Stewart's  addition,  by 
blocks  1  and  2  Mayer's  3rd  addition,  and  extending  from 
Fourteenth  street  east  to  Eighteenth  street  ;  also  the  street 
bounded  on  the  north  by  blocks  1  and  2  Hartwig  and  Niebel's 
addition,  by  block  6  Hermann's  addition,  by  blocks  1  and  2 
Wyatt  Fark  addition,  'and  extending  from  Twenty-second 
street  east  to  city  limits,  except  across  the  right-of-way  of  the 
C.,  B.  &  Q.  R.  R.  between  Twenty-fourth  and  Twenty-sixth 
street,  shall  be  called  Locust  street.  [G.  0.  No.  555,  Sec.  82. 

SEC,  83.  Louis  street. — The  street  bounded  on  the 
north  by  blocks  3  and  17  Bellevue  addition,  by  blocks  22  and 
28  Robidoux  addition,  and  extending  from  Sixth  street  west 
to  city  limits,  except  where  vacated  from  Third  street  to  the 
alley  east,  shall  be  called  Louis  street.  [G.  0.  No.  555,  Sec.  83. 

SEC.  84.  Lover's  lane. — The  street  bounded  on  the 
northwest  by  block  4  North  St.  Joseph  Second  addition  and 
thence  running  northeast  and  north  across  the  east  half  of 
northwest  quarter  of  section  4,  township  57,  range  35  to  the 
east  line  of  said  quarter  section,  at  a  point  750  feet  south  of 
its  northeast  corner,  and  extending  from  Seventeenth  street 
and  Highland  avenue  northeasterly  to  Twenty-second  street, 
shall  be  called  Lover's  lane.  [G.  0.  No.  555,  Sec.  84. 

SEC.  85.  Madison  street. — The  street  bounded  on  the 
north  by  blocks  2  and  22  Walker's  (1st)  addition  and  ex- 
tending from  St.  Joseph  avenue  west  to  the  west  line  of  said 
addition,  shall  be  called  Madison  street.  [G.  O.  No.  555, 

Sec.  85. 


NAMES  OF  STREETS.  385 

SEC.  86.  Main  street. — The  street  bounded  on  the 
east  by  blocks  155  and  162  South  St.  Joseph  addition  and  ex- 
tending from  Cedar  street  north  to  the  Missouri  river  ;  also, 
the  street  bounded  on  the  east  by  blocks  19  and  25  Original 
Town,  by  blocks  5  and  61  Robidoux  addition,  by  blocks  3  and 
36  St.  Joseph  Extension  addition  and  extending  from  the 
Missouri  river  north  to  city  limits,  shall  be  called  Main  street. 
[G.  O.  No.  555,  Sec.  86. 

SEC.  87.  Maple  street. — The  street  bounded  on  the 
north  by  blocks  92  and  88  South  St.  Joseph  addition  and  ex- 
tending from  Sixth  street  west  to  the  Missouri  river,  shall  be 
called  Maple  street.  [G.  O.  No.  555,  Sec.  87. 

SEC.  88.  Market  street. — The  street  bounded  on  the 
north  by  blocks  IT  and  21  St.  Joseph  Extension  addition  and 
extending  from  Water  street  east  to  Washington  avenue  at 
Fourth  street,  shall  be  called  Market  street.  [G.  O.  No.  555, 

Sec.  88. 

SEC.  89.  Mary  street. — The  street  bounded  on  the 
north  by  block  10  and  west  half  of  block  18  O'Donoghue  ad- 
dition and  extending  from  the  alley  between  Fourth  and  Fifth 
streets  west  to  the  Missouri  river ;  also,  the  street  bounded  on 
the  north  by  blocks  15  and  21  Patee's  addition  and  extending 
from  Sixth  street  east  to  Ninth  street  ;  also  the  street  bounded 
on  the  north  by  blocks  1  and  5  Hall's  Second  addition,  by 
block  4  Hartwig  and  Neible's  addition,  by  block  4  Hermann's 
addition,  by  blocks  3  and  4  Wyatt  Park  addition  and  extend- 
ing from  Eighteenth  street  east  to  city  limits,  except  across 
the  right-of-way  of  the  C.,  B.  &  Q.  R.  R.  between  Twenty- 
second  and  Twenty-fourth  streets,  shall  be  called  Mary  street. 
[G.  O.  No.  555,  Sec.  89. 

SEC.  90.  Messanie  street. — The  street  bounded  on 
the  north  by  blocks  35  and  56  Original  Town,  by  blocks  1  and 
12  Smith's  addition,  by  blocks  1  and  3  Nixon's  addition,  by 
blocks  28  and  46  Smith's  addition,  by  blocks  32  and  35  Car- 

26 


386  GENERAL  ORDINANCES. 

ter's  addition,  by  blocks  33  and  36  Harris'  addition,  by  blocks 
6  and  24  Villarosa  addition  and  extending  from  the  Missouri 
river  east  to  city  limits,  shall  be  called  Messanie  street.  \_G. 
O.  No.  555,  Sec.  90. 

SEC.  91.  Michel  street.— The  street  bounded  on  the 
north  by  blocks  4  and  18  Bellevue  addition,  by  blocks  29  and 
35  Robidoux  addition  and  extending  from  Sixth  street  west  to 
city  limits,  except  where  vacated  between  Fourth  street  and 
the  alley  west,  shall  be  called  Michel  street.  [G.  0.  No.  555, 
Sec.  91. 

SEC.  92.  Middleton  street. — The  street  bounded  on 
the  northeast  by  blocks  58  and  60  and  lot  1  block  71  St.  Joseph 
Extension  addition  and  extending  from  Third  and  Linn  streets 
southeast  to  Sixth  and  Albemarle  streets,  shall  be  called  Mid- 
dleton street.  \_G.  O.  No.  555,  Sec.  92. 

SEC.  93.  Mitchell  avenue. — The  street  bounded  on 
the  north  by  block  2  St.  Joseph's  Garden  addition  and  by  Dur- 
fee  and  Bartlett's  sub-division  therein,  by  blocks  41  and  63 
Patee's  addition,  by  Evergreen  addition,  by  blocks  1  and  4 
Hall's  (1st)  addition,  by  blocks  15  and  16  Wyatt  Park  addi- 
tion and  extending  from  the  Missouri  river  east  to  city  limits, 
except  from  Sixth  to  Eighth  streets,  shall  be  called  Mitchell 
avenue.  [G.  O.  No.  555,  Sec.  93. 

SEC.  94.  Monroe  street. — The  street  bounded  on  the 
north  by  blocks  7  and  23  Walker's  (1st)  addition  and  extend- 
ing from  St.  Joseph  avenue  west  to  the  west  line  of  said  addi- 
tion, shall  be  called  Monroe  street.  [G.  0.  No.  555,  Sec.  94.  t 

SEC.  95.  Monterey  street. — The  street  bounded  on 
the  north  by  blocks  63  and  64  South  St.  Joseph  addition,  by 
blocks  1  and  3  Corby's  addition,  by  blocks  59  and  35  South 
St.  Joseph  addition,  by  block  1,  Goodlive's  addition  and 
extending  from  Fourteenth  street  west  to  the  Missouri  river  ; 
also  the  street  bounded  on  the  north  by  blocks  52  and  49 
Patee's  addition  and  extending  from  Seventeenth  street  east 


NAMES  OF  STREETS.  387 

to  Twenty-second  street;  also  the  street  bounded  on  the  north 
by  blocks  10  and  12  Hall's  (1st)  addition  and  extending  from 
the  west  line  of  said  block  10  east  to  east  line  of  said  addi- 
tion, shall  be  called  Monterey  street.  \_G.  O.  No.  555 ',  Sec.  95. 

SEC.  96.  Moss  street. — The  street  bounded  on  the 
north  by  block  1  Hardin  Place  addition  and  extending  from 
Seventh  street  west  to  the  west  line  of  said  addition  ;  also  the 
street  bounded  on  the  south  by  block  64  St.  Joseph  Extension 
addition  and  extending  from  Seventh  street  east  to  St  Joseph 
avenue;  also  the  street  bounded  on  the  south  by  block  13 
North  St.  Joseph  (1st)  addition  and  block  3  North  St.  Joseph 
(2nd)  addition  and  extending  from  Seventeenth  street  west  to 
the  west  line  of  said  first  addition  ;  also  the  street  bounded 
on  the  south  by  blocks  11  and  12  Oakland  Park  addition  and 
extending  from  Twenty-second  street  west  to  the  west  line  of 
said  addition,  shall  be  called  Moss  street.  \_G.  O.  No.  555, 
Sec.  96. 

SEC.  97.  Mount  Mora  road. — The  street  bounded  on 
the  west  by  Avenue  addition,  by  Sherman's  addition  and 
extending  from  Frederick  avenue  north  to  Mount  Mora  ceme- 
tery, shall  be  called  Mount  Mora  road.  \_G.  O.  No.  555,  Sec.  97. 

SEC.  98.  Mulberry  street. — The  street  bounded  on 
the  north  by  blocks  2  and  7  Kemper's  addition,  by  Heden- 
berg's  (1st)  addition,  by  blocks  20  and  17  St.  Joseph  Eastern 
Extension  addition,  by  blocks  43  and  47  Eastern  Extension 
addition  and  extending  from  Kemper  street  east  to  city  limits, 
shall  be  called  Mulberry  street.  [G.  O.  No.  555,  Sec.  98. 

SEC.  99.  Oak  street. — The  street  bounded  on  the 
north  by  Blocks  150  and  155  South  St.  Joseph  addition  and 
extending  from  Sixth  street  west  to  the  Missouri  river;  also 
the  street  bounded  on  the  north  by  blocks  3  and  27  Horn 
Heights  addition  and  extending  from  Fourteenth  street  east  to 
Nineteenth  street;  also  the  street  bounded  on  the  north  by 
blocks  3  and  4  Gladstone  Heights  addition  and  extending  from 


GENERAL  ORDINANCES. 

Twenty-second  street  east  to  the  east  line  of  said  addition,  shall 
be  called  Oak  street.      [G.  O.  No.  555,  Sec.  99. 

SEC.  100.  Olive  street. — The  street  bounded  on  the 
north  by  blocks  13  and  20  O'Douoghue's  addition,  by  block 
21  Mayer's  (2d)  addition  and  Snyder's  sub-division  therein,  by 
blocks  19  and  6  Patee's  addition  and  Patton's  sub-division  in 
said  block  6,  by  blocks  3  and  4  Stewart's  addition,  by  blocks 
5  and  6  Mayer's  (3d)  addition,  by  blocks  10  and  6  Hall's  (2d) 
addition,  by  blocks  1  and  2  Hall's  (3d)  addition,  by  block  2 
Hermann's  addition,  by  blocks  7  and  8  Wyatt  Park  addition 
and  extending  from  the  Missouri  river  east  "to  city  limits,  ex- 
cept where  vacated  from  Fourth  street  to  the  alley  east,  shall 
be  called  Olive  street.  [G.  0.  No.  555,  Sec.  100. 

SEC  101.  Osage  street. — The  street  bounded  on  the 
south  by  blocks  4  and  5  Saxton  Heights  addition  and  extend- 
ing from  Twenty-sixth  street  east  to  Ashland  avenue,  shall  be 
called  Osage  street.  [G.  O.  No  555,  Sec.  101. 

SEC.  102.  Pacific  street. — The  street  bounded  on  the 
north  by  block  54  South  St.  Joseph  addition,  and  extending 
from  Sixth  street  east  to  Seventh  street ;  also  the  street 
bounded  on  the  north  by  blocks  8  and  41  South  St.  Joseph 
addition,  by  R.  W.  Donnell's  addition,  by  Tapee's  addition, 
by  Maddinger's  addition,  thence  running  east  along  the  south 
line  of  section  16,  township  57,  range  35,  and  extending  from 
Eighth  street  east  to  the  Agency  road,  shall  be  called  Pacific 
street.  [G.  O.  .No'.  555,  Sec.'  102. 

SEC.  103.  Park  street. — The  street  bounded  on  the 
north  by  block  1  Davis'  addition,  and  extending  from  St. 
Joseph  avenue  east  to  the  east  line  of  said  addition,  shall  be 
called  Park  street.  [G.  O.  No.  555,  Sec.  103. 

SEC.  104.  Patee  street. — The  street  bounded  on  the 
north  by  blocks  11  and  19  O'Donoghue's  addition,  by  block  22 
Mayer's  2nd  addition,  arid  Snyder's  sub-division  therein,  by 
blocks  7  and  20  Patee's  addition,  and  extending  from  Thir- 


NAMES  OF  STREETS.  389 

teenth  street  west  to  the  Missouri  river  ;  also  the  street  bounded 
on  the  north  by  blocks  2  and  5  Stewart's  addition,  by  blocks  3 
and  4  Mayer's  3rd  addition,  and  extending  from  Fourteenth 
east  to  Eighteenth  street  ;  also  the  street  bounded  on  the  north 
by  block  3  Hermann's  addition,  by  blocks  5  and  6  Wyatt  Park 
addition,  and  extending  from  Twenty-fourth  street  east  to  city 
limits,  shall  be  called  Patee  street.  [G.  0,  No.  555,  Sec.  104. 

SEC.  105.  Patee  avenue. — The  street  bounded  on  the 
northwest  by  lots  1  and  2,  block  72  and  lots  1  and  2,  block  90 
Patee's  addition,  by  lot  10,  block  7  and  by  lots  6  and  18,  block 
6  Hall's  2nd  addition,  and  extending  from  Seventeenth  and 
Penn  streets  northeast  to  Twenty-second  street  south  of  Mary 
street,  shall  be  called  Patee  Avenue.  \_G.  0.  No.  555, 
Sec.  105. 

SEC.  106.  Pear  street. — The  street  bounded  on  the 
north  by  block  4  Connett  Place  addition  and  extending  from 
Twenty-first  street  east  to  city  limits,  shall  be  called  Pear 
street.  [G.  O.  No.  555,  Sec.  106. 

SEC.  107.  Pendleton  street. — The  street  bounded  on 
the  northeast  by  blocks  55  and  57  St.  Joseph  Extension  addi- 
tion and  extending  from  Washington  avenue  southeast  to  the 
east  line  of  said  block  55  ;  also  the  street  bounded  on  the 
south  by  blocks  69  and  71  St.  Joseph  Extension  addition  and 
extending  from  the  west  line  of  said  block  71  east  to  Tenth 
street,  shall  be  called  Pendleton  street.  \_G.  O.  No.  555, 
Sec.  107. 

SEC.  108.  Penn  street. — The  street  bounded  on  the 
north  by  blocks  42  and  76  Patee's  addition,  thence  bounded 
on  the  south  by  blocks  1  and  4  Hall's  (1st)  addition,  thence 
bounded  on  the  north  by  blocks  13  and  14  Wyatt  Park  addi- 
tion and  extending  from  eighth  street  east  to  the  city  limits, 
shall  be  called  Penn  street.  [G.  O.  No.  555,  Sec.  108. 

SEC.  109.  Pine  street. — The  street  bounded  on  the 
north  by  blocks  1  and  2  Connett  Place  addition  and  extending 


390  GENERAL  ORDINANCES. 

from  the  alley  west  to  Twenty-first  street,  east  to  the  city  limits, 
shall  be  called  Pine  street.      [G.  O.  No.  555,  Sec.  109. 

SEC.  110.  Plum  street. — The  street  bounded  on  the 
west  by  block  44  Eastern  Extension  addition  and  extending 
from  Mulberry  street  north  to  Clay  street,  shall  be  called  Plum 
street.  [G.  0.  No.  555,  Sec.  110. 

SEC.  111.  Poplar  street.— The  street  bounded  on  the 
west  by  block  54  Patee's  addition  and  extending  from  Duncan 
street  north  to  Sacramento  street,  shall  be  called  Poplar  street. 

[G.  O.  No.  555,  Sec.  111. 

SEC.  112.  Poulin  street. — The  street  bounded  on  the 
north  by  blocks  6  and  20  Bellevue  addition,  by  blocks  43  and 
46  Robidoux  addition,  by  blocks  1  and  3  Richardson's  addi- 
tion and  extending  from  Sixth  street  west  to  city  limits,  except 
where  vacated  from  Fourth  street  to  the  alley  west,  shall  be 
called  Poulin  street.  [G.  0.  No.  555,  Sec.  112. 

SEC.  113.  Powell  street. — The  street  bounded  on  the 
north  by  blocks  7  and  11  St.  Joseph  Improvement  addition, 
by  blocks  5  and  6  Rogers'  2nd  addition,  and  extending  from 
Sixth  street  east  to  the  alley  east  of  Thirteenth  street,  shall  be 
called  Powell  street.  [G.  O.  No.  555,  Sec.  113. 

SEC.  114.  Renick  street. — The  street  bounded  on  the 
north  by  block  60  South  St.  Joseph  addition,  and  extending 
from  Fourth  street  west  to  the  Missouri  river  ;  also  the  street 
bounded  on  the  south  by  Durfee  and  Bartlett's  addition,  and 
extending  from  Sixth  street  west  to  the  west  line  of  said  addi- 
tion ;  also  the  street  bounded  on  the  north  by  blocks  45  and  46 
South  St.  Joseph  addition,  arid  extending  from  Fourteenth 
street  west  to  the  west  line  of  said  block  46,  shall  be  called 
Renick  street.  [G.  O.  No.  555,  Sec.  114. 

SEC.  115.  Richardson  street. — The  street  bounded 
on  the  northeast  by  blocks  52  and  54  St.  Joseph  Extension 
addition,  and  extending  from  Washington  avenue  and  Market 
street  southeast  to  the  east  line  of  lot  21  in  said  block  54;  also 


NAMES  OF  STREETS.  391 

bounded  on  the  south  by  blocks  72  and  68  St.  Joseph  Exten- 
sion addition,  and  extending  from  the  west  line  of  lot  22  in 
said  block  72  east  to  Tenth  street,  shall  be  called  Richardson 
street.  [G.  O.  No.  555,  Sec.  115. 

SEC.  116.  Ridenbaugh  street. — The  street  bounded 
on  the  north  by  blocks  17  and  20  St.  Joseph  Improvement 
addition,  by  block  2  Rogers'  2nd  addition,  and  extending  from 
Thirteenth  street  west  to  the  west  line  of  St.  Joseph  Improve- 
ment addition  ;  also  the  street  bounded  on  the  north  by  block 
2  Sherman's  addition,  and  extending  from  from  Mt.  Mora  road 
west  to  the  alley  east  of  Thirteenth  street,  shall  be  called 
Ridenbaugh  street.  [G.  0.  No.  555,  Sec.  116. 

SEC.  117.  Robidoux  street. — The  street  bounded  on 
the  north  by  blocks  4  and  5  Wells'  addition,  by  blocks  5  and 
65  Original  Town,  by  Young's  addition,  by  Bush's  addition, 
by  Langan's  addition,  by  Snyder's  addition,  and  extending 
from  Tenth  street  west  to  the  Missouri  river,  except  where 
where  vacated  between  Levee  and  Main  streets,  shall  be  called 
Robidoux  street.  \_G.  O.  No.  555,  Sec.  117. 

SEC.  118.  Rosine  street. — The  street  bounded  on  the 
south  by  lot  7,  block  22  Bellevue  addition  and  extending  from 
Elwood  street  and  Dug  Hill  road  west  to  city  limits;  also,  the 
street  bounded  on  the  north  by  blocks  1  and  2  Western  addi- 
tion, by  blocks  59  and  64  Robidoux  addition  and  extending 
from  the  alley  between  Elwood  and  Bellevue  streets  east  to 
Short  street,  shall  be  called  Rosine  street.  \_G.  0.  No.  555, 
Sec.  118. 

SEC.  119.  Sacramento  street. — The  street  bounded 
on  the  north  by  block  61  South  St.  Joseph  addition  and  ex- 
tending from  Fourth  street  west  to  the  Missouri  river ;  also, 
the  street  bounded  on  the  north  by  blocks  47  and  44  South  St. 
Joseph  addition,  by  blocks  53  and  61  Tatee's  addition,  by 
blocks  5  and  8  Hall's  (1st)  addition  and  extending  from  the 


392  GENERAL  ORDINANCES. 

west  line  of  block  47  South  St.  Joseph  addition  east  to  the 
east  line  of  Hall's  addition,  shall  be  called  Sacramento  street. 
[G.  O.  No.  555,  Sec.  119. 

SEC  120.  Savannah  avenue. — The  street  bounded 
on  the  southeast  by  blocks  62  and  44  St.  Joseph  Extension 
addition  and  extending  from  Third  and  Albemarle  streets 
northeast  to  Highland  avenue  at  Seventh  street,  shall  be  called 
Savannah  avenue.  [G.  0.  No.  555,  Sec.  120. 

SEC.  121.  Scott  street. — The  street  bounded  on  the 
north  by  blocks  83  and  87  South  St.  Joseph  addition  and  ex- 
tending from  Sixth  street  west  to  the  Missouri  river  ;  also,  the 
street  bounded  on  the  north  by  blocks  7  and  42  South  St. 
Joseph  addition  and  extending  from  Eighth  Street  east  to 
Fourteenth  street ;  also,  the  street  bounded  on  the  north  by 
blocks  3  and  4  Tapee's  addition,  by  blocks  3  and  4  Mad- 
dinger's  addition  and  extending  from  Eighteenth  street  east  to 
Twenty-second  street,  shall  be  called  Scott  street.  [G.  O.  No. 
555,  Sec.  121. 

SEC.  122.  Seneca  street. — The  street  bounded  on  the 
north  by  block  3  St.  Joseph's  Garden  addition,  and  extending 
from  Sixth  street  west  to  the  Missouri  river  ;  also  the  street 
bounded  on  the  north  by  blocks  43  and  25  Patee's  addition, 
and  extending  from  Eighth  street  east  to  Thirteenth  street ; 
also  the  street  bounded  on  the  north  by  blocks  84  and  77 
Patee's  addition,  by  Rost's  addition,  and  extending  from  Four- 
teenth street  east  to  Twenty-third  street  ;  also  the  street 
bounded  on  the  north  by  blocks  11  and  12  Wyatt  Park  addi- 
tion, and  extending  from  Twenty-sixth  street  east  to  city  limits, 
shall  be  called  Seneca  street.  [G.  0.  No.  555,  Sec.  122. 

SEC.  123.  Seymour  street. — The  street  bounded  on 
the  north  by  blocks  1  and  2  Springdale  addition,  and  extend- 
ing from  Fourteenth  street  east  to  Linwood  avenue,  shall  be 
called  Seymour  street.  [  G.  O.  No.  555,  Sec.  123. 

SEC.  124.  Shady  avenue. — The  street  bounded  on 
the  north  by  blocks  1  and  4  Dr.  S.  McDonald's  addition,  and 


NAMES  OF  STKEETS.  393 

extending  from  St.  Joseph  avenue  west  to  the  west  line  of  said 
addition,  shall  be  called  Shady  avenue.  [G.  0.  No.  555, 
Sec.  W+. 

•SEC.  125.  Short  street.  —  The  street  bounded  on  the 
east  by  block  1  Central  addition,  and  extending  from  Isabelle 
street  north  to  Albemarle  street,  shall  be  called  Short  street. 
[G.  O.  No.  555,  Sec,  125. 

SEC.  126.  Southside  avenue.  —  The  street  bounded 
on  the  southwest  by  Cudmore's  Addition,  and  extending  from 
Linwood  avenue  at  Spring  street  southeast  to  Nineteenth  street, 
shall  be  called  Southside  avenue.  [G.  0.  No  555,  Sec.  126. 

SEC.  127.  Spring  street.  —  The  street  bounded  on  the 
south  by  blocks  1  and  2  Springdale  addition,  thence  running 
west  along  the  south  line  of  northeast  quarter  of  southeast 
quarter  section  20,  township  57,  range  35,  and  extending 
from  Eleventh  street  east  to  Linwood  avenue  ;  also  the  street 
bounded  on  the  north  by  blocks  9  and  10  Thomas'  addition, 
and  extending  from  the  alley  west  of  Twenty-first  street  east  to 
city  limits,  shall  be  called  Spring  street.  [G.  O.  No.  555, 
Sec. 


SEC.  128.  Spruce  street.  —  The  street  bounded  on  the 
west  by  blocks  10  and  11  Walkers'  (1st)  addition  and  extend- 
ing from  Monroe  street  north  to  Broadway,  shall  be  called 
"Spruce  street.  [G.  O.  No.  555,  Sec.  128. 

SEC.  129.  State  street.  —  The  street  bounded  on  the 
north  by  block  2  Saxton  Heights  addition  and  extending  from 
Twenty-sixth  street  east  to  Ashland  avenue,  shall  be  called 
State  street.  [G.  0.  No.  555,  Sec.  129. 

SEC.  130.  St.  Joseph  avenue.  —  The  street  bounded 
on  the  southeast  by  blocks  61  and  43  St.  Joseph  Extension 
addition,  on  the  east  by  block  42  St.  Joseph  Extension  addi- 
tion, by  Wey's  place  addition,  by  Davis'  addition,  thence 
bounded  on  the  northwest  by  McCool's  addition,  by  Walkers' 

27 


394  GENERAL  OKDINANCES. 

(1st)  addition  and  extending  from  Fourth  and  Albemarle 
streets  northeast  to  the  north  city  limits  at  Broadway,  shall  be 
called  St.  Joseph  avenue.  [G.  O.  No.  555,  Sec.  130. 

SEC.  131.  St.  Paul  street. — The  street  bounded  on 
the  north  by  blocks  22  and  27  St.  Joseph  Extension  addition 
and  extending  from  Water  street  east  to  Washington  avenue, 
shall  be  called  St.  Paul  street.  [G.  0.  No.  555,  Sec.  131. 

SEC.  132.  Sycamore  street. — The  street  bounded  on 
the  north  by  blocks  101  and  107  South  St.  Joseph  addition 
and  extending  from  the  Missouri  river  east  to  the  east  line  of 
said  block  107;  also  the  street  bounded  on  the  north  by  blocks 
109  and  114  South  St.  Joseph  addition,  by  blocks  6  and  19 
Horn  Heights  addition  and  extending  from  Eighth  street  east 
to  Eighteenth  street,  shall  be  called  Sycamore  street.  [G.  O. 
No.  '555,  Sec.  132. 

SEC.  133.  Sylvanie  street. — The  street  bounded  on 
the  north  by  the  east  one-half  of  block  33  and  by  block  58 
Original  Town,  by  blocks  3  and  43  Smith's  addition,  by  block 
1  Inslee  and  Allen's  addition,  by  blocks  55  and  71  Smith's 
addition,  by  blocks  24  and  27  Carter's  addition,  by  blocks  25 
and  40  Harris'  addition,  by  blocks  4  and  22  Villarosa  addition 
and  extending  from  the  alley  between  Second  and  Third 
streets  east  to  city  limits,  shall  be  called  Sylvanie  street.  \_G. 
O.  No.  555,  Sec.  133. 

SEC.  134.  Union  street. — The  street  bounded  on  the 
north  by  block  2  Oliver  Glass  and  Wilson's  addition,  by  blocks 

4  and  12  Kernper's   addition,  by   blocks  9  and  12  St.  Joseph 
Eastern  Extension   addition   and   extending  from  Seventeenth 
street  to  the  alley  east  of  Twenty-fifth  street,  shall  be  called 
Union  street.     \_G.  O.  No.  555,  Sec.  134. 

SEC.  135.  Vine  street. — The  street  bounded  on  the 
west  by  blocks  26  and  22  and  by  the  west  half  of  blocks  8  and 

5  Fatee's  addition  and  extending  from  Seneca  street  north  to 


NAMES  OF  STREETS.  395 

Messanie  street,  shall  be  called  Vine  street.      [G.   O.  No.  555, 
Sec.  135. 

SEC.  136.  Walker  street. — The  street  bounded  on  the 
west  by  block  18  Walker's  (2nd)  addition  and  extending  from 
Fourth  avenue  south  to  the  south  line  of  said  addition,  shall  be 
called  Walker  street.  [G.  0.  No.  555,  Sec.  136. 

SEC.  137.  Walnut  street. — The  street  bounded  on  the 
north  by  blocks  136  and  141  South  St.  Joseph  addition  and 
extending  from  Sixth  street  west  to  the  Missouri  river  ;  also 
the  street  bounded  on  the  north  by  blocks  4  and  28  Horn 
Heights  addition  and  extending  from  Fourteenth  street  east  to 
Nineteenth  street ;  also  the  street  bounded  on  the  north  by 
blocks  1  and  2  Gladstone  Heights  addition  and  continuing 
thence  east  across  the  southeast  quarter  of  the  northeast  quarter 
of  section  21,  township  57,  range  35,  and  extending  from 
Twenty-second  street  to  east  city  limits,  shall  be  called  Walnut 
street.  [G.  O.  No.  555,  Sec.  137. 

SEC.  138.  Warsaw  avenue. — The  street  bounded  on 
the  west  by  blocks  9  and  2  Hall's  (2nd)  addition  and  extend- 
ing from  Olive  street  north  to  Messanie  street,  shall  be  called 
Warsaw  avenue.  [G.  0.  No.  555,  Sec.  138. 

SEC.  139.  Washington  avenue. — The  street  bounded 
on  the  southeast  by  blocks  58  and  45  St.  Joseph  Extension 
addition  and  extending  from  Third  street  near  Linn  and  Mid- 
dleton  streets  northeast  to  Highland  avenue  at  Sixth  street, 
shall  be  called  Washington  avenue.  [G.  0.  No.  555,  Sec.  139. 

SEC.  140.  Water  street. — The  street  bounded  on  the 
east  by  blocks  3  and  5  Original  Town,  by  blocks  7  and  59 
Robidoux  addition,  by  blocks  1  and  34  St.  Joseph  Extension 
addition  and  extending  from  the  Missouri  river  north  to  city 
limits,  shall  be  called  Water  street.  [G.  O.  No.  555,  Sec.  140. 

SEC.  141.  Woodson  street. — The  street  bounded  on 
the  northeast  by  blocks  51  and  49  St.  Joseph  Extension  addi- 
tion and  on  the  north  by  block  2  Likens  Slingluff' s  addition, 


396  GENERAL  ORDINANCES. 

by  block  66  St.  Joseph  Extension  addition  and  extending  from 
Washington  avenue  southeast  to  the  east  line  of  said  block  49, 
thence  extending  east  to  Tenth  street ;  also,  the  street  bounded 
on  the  north  by  lot  12  Gilkerson  Place  addition  and  continu- 
ing east  along  the  line  between  lots  8  and  9,  block  2  Fair 
Ground  addition  and  extending  from  Tenth  street  east  to 
Eleventh  street,  shall  be  called  Woodson  street.  \_G.  O.  No. 
555,  Sec.  141. 

STREETS  DESIGNATED  BY  NUMBERS. 

SEC.  142.  Second  street. — The  street  bounded  on  the 
east  by  blocks  33  and  26  Original.  Town,  by  blocks  4  and  62 
Robidoux  addition,  by  blocks  4  and  37  St.  Joseph  Extension 
addition  and  extending  from  Sylvanie  street  at  the  Missouri 
river  north  to  city  limits  ;  also,  the  street  bounded  on  the  east 
by  blocks  128  and  163  South  St.  Joseph  addition  and  extend- 
ing from*  the  Missouri  river  at  Sycamore  street  south  to  Cedar 
street  ;  also,  the  street  running  south  from  the  southeast  cor- 
ner of  block  173  South  St.  Joseph  addition  across  the  south- 
west quarter  of  section  20,  township  57,  range  35  and 
extending  from  Atchison  street  to  Lake  boulevard  or  south 
city  limits,  shall  be  called  Second  street.  [G.  0.  No.  555, 
Sec.  11$. 

SEC.  143.  Third  street. — The  street  bounded  on  the 
east  by  blocks  171  and  61  South  St.  Joseph  addition  and  ex- 
tending from  Atchison  street  north  to  Missouri  river  at  Renick 
street  ;  also,  the  street  bounded  on  the  east  by  blocks  13  and 
15  O'Donoghue  addition,  by  block  16  Mayer's  (1st)  addition, 
by  blocks  36  and  45  Original  Town,  by  blocks  3  and  63 
Robidoux  addition,  by  blocks  63  and  38  St.  Joseph  Extension 
addition  arid  extending  from  the  Missouri  river  at  Olive  street 
north  to  the  north  line  of  St.  Joseph  Extension  addition,  shall 
be  called  Third  street.  [G.  O.  No.  555,  Sec.  143. 

SEC.  144.  Fourth  street. — The  street  bounded  on  the 
west  by  blocks  171  and  60  South  St.  Joseph  addition,  by  the 
west  105  feet  of  lots  2  and  9  of  blocks  2,  3  and  6  St.  Joseph's 


NAMES  OF  STREETS.  397 

Garden  addition,  by  blocks  13  and  15  O'Donoghue's  addition, 
by  block  16  Mayer's  (1st)  addition,  by  blocks  36  and  45 
Original  Town,  by  blocks  3  and  63  Robidoux  addition  and  ex- 
tending from  Atchison  street  north  to  Albemarle  street  ;  also, 
the  street  bounded  on  the  west  by  blocks  21  and  38  St.  Joseph 
Extension  addition  and  extending  from  Fourth  street  and 
Washington  avenue  north  to  the  north  line  of  said  addition, 
shall  be  called  Fourth  street.  \_G.  O.  No.  555,  Sec.  144. 

SEC.  145.  Fifth  street. — The  street  boundecT  on  the 
west  by  blocks  170  and  65  South  St.  Joseph  addition,  by  block 
3  Corby's  addition,  by  block  3  Ege's  Second  addition  and  ex- 
tending from  Atchison  street  north  to  the  north  line  of  Ege's 
Second  addition  ;  also,  the  street  bounded  on  the  west  by 
block  2  Durfee  and  Bartlett's  addition  and  extending  from 
Renick  street  south  to  the  south  line  of  said  addition  ;  also, 
the  street  bounded  on  the  west  by  blocks  2  and  3  Mitchell's 
addition,  by  blocks  20  and  18  O'Donoghue's  addition,  by 
block  17  Mayer's  (1st)  addition,  by  blocks  55  and  46  Original 
Town,  by  blocks  2  and  52  Robidoux  addition,  by  block  2 
Richardson's  addition,  by  block  1  Central  addition  and  extend- 
ing from  Lafayette  street  north  to  Albermarle  street ;  also, 
the  street  bounded  on  the  west  by  block  39  St.  Joseph 
Extension  addition  and  extending  from  Highland  avenue 
north  to  the  north  line  of  said  addition,  shall  be  called  Fifth 
street.  [£.  0.  No.  555,  Sec.  145. 

SEC.  146  Sixth  street. — The  street  located  along  the 
north  and  south  quarter  section  line  of  section  20,  township  57, 
range  35  and  extending  from  south  city  limits  north  to  Atchi- 
son street  ;  also  the  street  bounded  on  the  west  by  blocks  168 
and  87  South  St.  Joseph  addition,  by  Bartlett  and  Russell's 
addition,  by  Corby's  addition,  by  Ege's  Second  addition,  by  St. 
Joseph's  Garden  addition,  by  Mitchell's  addition,  by  Mayer's 
Second  addition,  by  West's  addition,  by  Original  Town,  by 
Robidoux  addition,  by  Richardson's  addition,  by  block  2  Cen- 
tral addition  and  extending  from  Lake  Boulevard  to  Albemarle 


398  GENERAL  ORDINANCES. 

street  ;  also  the  street  bounded  on  the  west  by  block  40 
St.  Joseph  Extension  addition  and  extending  from  Highland 
avenue  north  to  the  north  line  of  said  addition,  shall  be  called 
Sixth  street.  [G.  0.  No.  555,  Sec.  146. 

SEC.  147.  Seventh  street. — The  street  bounded  on 
the  west  by  block  1,  Ferguson's  addition  and  extending  from 
the  south  line  to  the  north  line  of  said  addition  ;  also  the 
street  bounded  on  the  west  by  block  1  Hedenberg's  Second 
addition, "by  blocks  123  and  106  South  St.  Joseph  addition 
and  extending  from  the  south  line  of  Hedenberg's  Second 
addition  north  to  Pacific  street  ;  also  the  street  bounded  on 
the  east  by  blocks  18  and  1  Patee's  addition,  by  blocks  12  and 
16  Smith's  addition,  by  Bush's  addition,  by  Henry's  addition, 
by  block  3  County  addition,  by  blocks  17  and  5  St.  Joseph 
Improvement  addition,  by  blocks  70  and  73  St.  Joseph 
Extension  addition  and  extends  from  Olive  street  north  to 
Richardson  street  ;  also  by  the  street  bounded  on  the  west  by 
block  41  St.  Joseph  Extension  addition  and  by  Hardin  Place 
addition  and  extending  from  Highland  avenue  north  to  north 
line  of  the  last  named  addition,  shall  be  called  Seventh  street. 
[G.  0.  No.  555,  Sec.  147. 

SEC.  148.  Eighth  street. — The  street  bounded  on  the 
east  by  Kiley's  addition,  by  lots  1  and  2,  block  2  Noble  tract, 
by  blocks  144  and  1  South  St.  Joseph  addition,  by  blocks  41 
and  2  Patee's  addition,  by  block  2,  Nixon's  addition,  by  blocks 
27  and  19  Smith's  addition,  and  thence  bounded  on  the  west 
by  Bush's  addition,  by  lots  20  and  11  Henry's  addition  and 
extending  from  Atchison  street  north  to  Hall  street ;  also  the 
street  bounded  on  the  east  by  block  4  St.  Joseph  Improvement 
addition,  by  blocks  69  and  65  St.  Joseph  Extension  addition 
and  extending  from  Lincoln  street  north  to  the  north  line  of 
St.  Joseph  Extension  addition,  shall  be  called  Eighth  street. 
[G.  0.  No.  555,  No.  148. 

SEC.  149.  Ninth  street. — The  street  bounded  on  the 
west  by  block  1  Riley's  addition  and  extending  from  Atchison 


NAMES  OF  STREETS.  399 

street  north  to  the  north  line  of  said  addition  ;  also  the  street 
bounded  on  the  west  by  blocks  144  and  1  South  St.  Joseph 
addition,  by  blocks  41  and  2  Patee's  addition,  by  block  2 
Nixon's  addition,  by  blocks  27  and  19  Smith's  addition,  by 
Langan's  addition,  by  IN  ye's  addition,  by  block  1  Ghio's  addi- 
tion, by  blocks  26  and  4  St.  Joseph  Improvement  addition 
and  extending  from  the  south  line  of  South  St.  Joseph  addi- 
tion north  to  Albemarle  street  ;  also  the  street  bounded  on 
the  east  by  block  2  and  by  lot  20  block  3  Finger's  addition  and 
extending  from  Grand  avenue  north  to  the  alley  north  of 
Douglass  street,  shall  be  called  Ninth  street.  [G.  O.  No.  555, 
Sec.  149. 

SEC.  150.  Tenth  street. — The  street  bounded  on  the 
east  by  block  1  Turner  and  Kirkpatrick's  addition,  by  the  east 
300  feet  of  lots  1,  2  and  3  block  3  Noble  tract,  by  blocks  146 
and  17  South  St.  Joseph  addition,  by  blocks  33  and  4  Patee's 
addition,  by  blocks  45  and  37  Smith's  addition,  thence  bounded 
on  the  west  by  Snyder's  addition,  by  block  1  Roger's  (1st) 
addition,  by  blocks  25  and  3  St.  Joseph  Improvement  addition, 
by  St.  Joseph  Extension  addition,  by  Finger's  addition  and 
extending  from  the  north  line  of  block  2  Noble  tract  north 
to  Highland  avenue,  shall  be  called  Tenth  street.  \_G.  O.  No. 
555,  Sec.  150. 

SEC.  151.  Eleventh  Street. — The  street  bounded  on 
the  west  by  blocks  7  and  8  Walker's  (2nd)  addition  and  extend- 
ing from  the  north  line  of  said  addition  south  to  Fifth  avenue  ; 
also  the  street  bounded  on  the  west  by  blocks  12  and  5  North 
St.  Joseph  (1st)  addition,  by  block  2  Fairground  addition,  by 
blocks  2  and  32  St.  Joseph  Improvement  addition,  by  blocks 
39  and  45  Smith's  addition,  by  blocks  1  and  2  Inslee  and  Allen'& 
addition,  by  blocks  4  and  33  Patee's  addition,  by  blocks  17 
and  146  South  St.  Joseph  addition,  by  block  3  Noble  tract,  by 
Turner  and  Kirkpatrick's  addition,  by  block  2  Noble  tract  and 
thence  produced  south  across  the  southeast  quarter  of  section 
20,  township  57,  range  35  and  extending  from  Highland 


400  GENERAL  ORDINANCES 

avenue   south   to  city   limits,  shall  be  called   Eleventh  street. 
[G.  O.  No.  555,  Sec.  151. 

SEC.  152.  Twelfth  street — The  street  bounded  on 
the  west  by  the  west  300  ft'et  of  lots  6  and  5  Noble's  addition, 
by  the  west  300  feet  of  lot  4,  block  4  Noble  tract,  by  block  1 
Zimmerman's  addition,  by  block  1  Fairview  addition,  by  block 
1  Lee  and  Hardman's  addition,  by  the  west  300  feet  of  the 
north  half  of  lot  1,  t)lock  4  Noble  tract,  by  blocks  147  and  32 
South  St.  Joseph  addition,  by  block  32  and  west  half  of  blocks 
28  and  23  Patee's  addition  and  extending  from  Atchison  street 
north  to  Olive  street;  also  the  street  bounded  on  the  west  by 
blocks  57  and  51  Smith's  addition,  by  blocks  6  and  1  Wilson's 
addition,  by  block  1  Thompson's  addition,  by  Nunning  Place, 
by  Fink's  addition,  by  blocks  31  and  1  St.  Joseph  Improve- 
ment addition,  by  Duncan  Place,  by  block  1  Fairground  addi- 
tion, by  blocks  3  and  13  North  St.  Joseph  (1st)  addition  and 
extending  from  Messanie  street  north  to  Moss  street;  also  the 
street  bounded  on  the  west  by  blocks  9  and  6  Walker's  (2d) 
addition  and  extending  from  Fifth  avenue  north  to  the  north 
line  of  said  addition,  shall  be  called  Twelfth  street.  [G.  O. 
No.  555,  Sec.  152. 

SEC.  153.  Thirteenth  street.— The  street  bounded 
on  the  west  by  block  1  Sunnyside  addition,  by  block  2  Zim- 
merman's addition,  by  block  2  Fairview  addition,  by  block  2 
Lee  and  Hardman's  addition  and  extending  from  Atchison 
street  north  to  the  north  line  of  Lee  and  Hardman's  addition; 
also  the  street  bounded  on  the  west  by  blocks  148  and  33 
South  St.  Joseph  addition,  by  blocks  31  and  5  Patee's  addi- 
tion and  extending  from  the  south  line  of  South  St.  Joseph 
addition  north  to  Messanie  street;  also  bounded  on  the  west  by 
blocks  59  and  65  Smith's  addition,  by  blocks  5  and  2  Wilson's 
addition,  by  block  2  Thompson's  addition  and  extending  from 
Angelique  street  north  to  the  north  line  of  Smith's  addition; 
also  the  street  bounded  on  the  east  by  Thomas  Henry's  addi- 
tion, by  block  21  St.  Joseph  Improvement  addition,  by  blocks 


NAMES  OF  STREETS.  401 

1  and  7  Roger's  (2d)  addition,  by  block  1  Jackson  addition, 
by  block  2  Smith  and  Lewis'  (1st)  addition,  by  block  1  Smith 
and  Jones  addition,  by  block  2  Smith  and  Lewis'  (2d)  addi- 
tion, by  blocks  1  and  15  north  St.  Joseph  (1st)  addition  and 
extending  from  Frederick  avenue  north  to  Moss  street,  shall 
be  called  Thirteenth  street.  [G.  0.  No.  555,  Sec.  153. 

SEC.  154.  Fourteenth  street. — The  street  bounded 
on  the  east  by  block  1  Springdale  addition  and  extending  from 
Seymour  street  north  to  Spring  street ;  also  the  street  bounded 
on  ihe  east  by  northwest  quarter  of  northwest  quarter  .of  south- 
west quarter  section  21,  township  57,  range  35,  by  blocks  1 
and  6  Horn  Heights  addition,  by  block  1  R.  W.  Donnell's 
addition,  by  blocks  54  and  85  Patee's  addition,  by  blocks  4  and 
6  Stewart's  addition  and  extending  from  Garfield  avenue  north 
to  Messanie  street ;  also,  the  street  bounded  on  the  east  by 
block  23  Carter's  addition,  by  blocks  7  and  8  Wilson's  addi- 
tion and  extending  from  Charles  street  north  to  Felix  street  ; 
also  the  street  bounded  on  the  east  by  lots  16  and  3,  block  2 
Avenue  addition  and  extending  from  Frederick  avenue  north 
to  the  north  line  of  said  lot  3  ;  shall  be  called  Fourteenth 
street.  [G.  0.  No.  555,  Sec.  154. 

SEC.  155.  Fifteenth  street. — The  street  bounded  on 
the  west  by  block  3,  Carder's  addition  and  extending  from  south 
city  limits  north  to  Seymour  street ;  also,  the  street  bounded 
on  the  west  by  block  1  Springdale  addition  and  extending 
from  Seymour  street  north  to  Spring  street ;  also,  the  street 
bounded  on  the  west  by  blocks  1  and  6  Horn  Heights  addi- 
tion and  extending  from  Atchison  street  north  to  Pacific 
street ;  also,  the  street  bounded  on  the  west  by  blocks  53  and 
85  Patee's  addition,  by  blocks  4  and  6  Stewart's  addition,  by 
blocks  32  and  1  Carter's  addition,  by  blocks  7  and  8  Wilson's 
addition,  by  lot  1  block  3  Landis'  addition  and  extending  from 
Sacramento  street  north  to  the  alley  south  of  Buchanan 
avenue  ;  also,  the  street  bounded  on  the  southwest  by  block  1 
Landis  and  Hull's  addition  and  extending  from  Buchanan  avenue 

28 


402  GENERAL  ORDINANCES. 

northwest  to  Frederick  avenue;  also  the  street  bounded  on 
the  west  by  blocks  15  and  27  Highly's  addition,  by  blocks  22 
and  1  North  St.  Joseph  Second  addition  and  extending  from 
Highly  street  north  to  Moss  street ;  also,  the  street  bounded 
on  the  east  by  blocks  20  and  4=  Walker's  Second  addition  and 
extending  from  the  south  line  of  said  addition  north  to  Seventh 
avenue  ;  shall  be  called  Fifteenth  street.  [G.  O.  No.  555 , 
Sec.  155. 

SEC.  156.  Sixteenth  street. — The  street  bounded  on 
the  west  by  block  2  Carders  addition  and  extending  from 
south  city  limits  north  to  Seymour  street;  also  the  street 
bounded  on  the  east  by  blocks  7  and  1  South  Park  addition, 
by  blocks  13  and  18  Horn  Heights  addition,  thence  bounded 
on  the  west  by  block  1  R.  W.  Donnell's  addition  and  extend- 
ing from  Garfield  avenue  north  to  Duncan  street;  also  the 
street  bounded  on  the  west  by  blocks  56  and  86  Patee's  addi- 
tion, by  blocks  3  and  1  Stewart's  addition,  by  blocks  33  and  2 
Carter's  addition,  by  block  3  Landis'  addition  and  extending 
from  Sacramento  street  north  to  Buchanan  avenue;  also  the 
street  bounded  on  the  southwest  by  block  2  Landis  and  Hull's 
addition  and  extending  from  Buchanan  avenue  northwest  to 
Frederick  avenue;  also  the  street  bounded  on  the  west  by 
blocks  14  and  26  Highly's  addition,  by  blocks  23  and  2  North 
St.  Joseph  (2nd)  addition  and  extending  from  Highly  street 
north  to  Moss  street,  shall  be  called  Sixteenth  street.  [G.  O. 
No.  555,  Sec.  156. 

SEC.  157.  Seventeenth  street. — The  street  bounded 
on  the  west  by  blocks  3  and  4  Cudrnore's  addition  and  extend- 
ing from  south  city  limits  north  to  Southside  avenue;  also  the 
street  bounded  on  the  west  by  block  9  south  Park  addition 
and  extending  from  Garfield  avenue  north  to  Commercial 
street;  also  the  street  bounded  on  the  west  by  blocks  12  and  1 
South  Park  addition,  by  blocks  13  and  18  Horn  Heights  addi 
tion,  by  the  west  300  feet  of  block  2  R.  W.  Donnell's  addi- 
tion, by  blocks  55  and  87  Patee's  addition,  by  blocks  5  and  1 


NAMES  OF  STREETS.  403 

Mayer's  (3rd)  addition,  by  blocks  34  and  3  Carter's  addition, 
by  block  4  Landis'  addition  and  extending  from  Belle  street 
north  to  Buchanan  avenue  ;  also  the  street  bounded  on  the 
east  by  blocks  1  and  5  Oliver  Glass  and  Wilson's  addition,  by 
blocks  12  and  24  Highly's  addition,  by  blocks  25  and  4 
North  St.  Joseph  (2nd)  addition  and  extending  from  Frederick 
avenue  north  to  Moss  street;  also  the  street  bounded  on  the 
east  by  blocks  18  and  1  Walker's  (2nd)  addition  and  extend- 
ing from  the  south  line  to  the  north  line  of  said  addition,  shall 
be  called  Seventeenth  street.  [G.  0.  No.  555,  Sec.  157. 

SEC.  158.  Eighteenth  street. — The  street  bounded 
on  the  west  by  blocks  2  and  5  Cudmore's  addition  and  extend- 
ing from  south  city  limits  north  to  Southside  avenue;  also  the 
street  bounded  on  the  west  by  block  13  Factory  Ground  addi- 
tion, by  blocks  10  and  2  South  Park  addition,  by  blocks  24 
and  19  Horn  Heights  addition,  by  block  2  R.  W.  Donnell's 
addition  and  extending  from  Garfield  avenue  north  to  Jackson 
street;  also  the  street  bounded  on  the  west  by  blocks  45  and  88 
Fatee's  addition,  by  blocks  6  and  2  Mayer's  (3rd)  addition,  by 
blocks  35  and  4  Carter's  addition  and  extending  from  Duncan 
street  north  to  the  alley  north  of  Faraon  street;  also  the  street 
bounded  on  the  west  by  blocks  2  and  5  Oliver  Glass  and 
Wilson's  addition,  by  blocks  12  and  24  Highly's  addition,  by 
blocks  25  and  5  North  St.  Joseph's  (2nd)  addition  and  extend- 
ing from  Frederick  avenue  north  to  Lover's  lane;  also  the  street 
bounded  on  the  west  by  blocks  19  and  1  Walker's  (2nd)  addition 
and  extending  from  the  north  line  to  the  south  line  of  said  addi- 
tion, shall  be  called  Eighteenth  street.  [G.  O.  No.  555,  Sec.  158. 

SEC.  159.  Nineteenth  street. — The  street  bounded 
on  the  west  by  blocks  1  and  6  Cudmore's  addition  and  extend- 
ing from  the  south  city  limits  north  to  Southside  avenue  ;  also 
the  street  bounded  on  the  west  by  block  1  Boesl's  addition,  by 
blocks  1  and  5  Seymour's  addition,  by  blocks  25  and  29  Horn 
Heights  addition  and  extending  from  Garfield  avenue  north  to 
Sycamore  street  ;  also  the  street  bounded  on  tiie  west  by 


404:  GENERAL  ORDINANCES. 

blocks  1  and  4  Tapee's  addition,  and  extending  from  Pacific 
street  to  Jackson  street ;  also  the  stieet  bounded  on  the  west 
by  blocks  46  and  89  Patee's  addition,  by  blocks  10  and  1  Hall's 
Second  addition,  by  blocks  33  and  1  Harris'  addition,  thence 
bounded  on  the  east  by  blocks  8  and  5  Kemper's  addition,  by 
blocks  6  and  22  Highly's  addition  and  extending  from  Duncan 
street  north  to  the  north  line  of  Highly's  addition  ;  also  the 
street  bounded  on  the  east  by  blocks  27  and  15  North  St. 
Joseph  Second  addition  and  extending  from  the  south  line  to 
north  line  of  said  addition,  shall  be  called  Nineteenth  street. 
[G.  0.  No.  555,  No.  159. 

SEC.  160.  Twentieth  street. — The  street  bounded 
on  the  west  by  blocks  7  and  1  Thomas'  addition  and  extending 
from  the  south  line  to  the  north  line  of  said  addition  ;  also  the 
street  bounded  on  the  west  by  blocks  1  and  4  Madinger's  addi- 
tion, by  Donnell  Park  addition,  by  blocks  47  and  90  Patee's 
addition,  by  blocks  8  and  3  Hall's  Second  addition,  by  blocks 

34  and  2  Harris'  addition   and   extending  from   Pacific  street 
north   to  the  alley   north   of  Faraon    street ;     also   the   street 
bounded  on  the  west   by   blocks  8  and  14  Kemper's  addition, 
by   blocks   6  and    4    Highly's    addition,    by    blocks   4   and   5 
Larbry's  addition,  by  blocks  1  and  12  Oakland  Park  addition, 
by  lots  1  and  5  Benton  Place  and  extending  from   the  alley 
south  of  Mulberry  street  north  to  Moss  street,  shall  be  called 
Twentieth  street.      [G.  0.  No.  555,  Sec.  160. 

SEC.  161.  Twenty-first  street. — The  street  bounded 
on  the  west  by  blocks  3  and  2  Connett's  Place,  by  block  9 
Thomas'  addition  and  extending  from  Garfield  avenue  north 
to  the  alley  north  of  Spring  street  ;  also  the  street  bounded  on 
the  west  by  blocks  5  and  2  Thomas'  addition  and  extending 
from  Commercial  street  north  to  the  north  line  of  said  addition  ; 
also  the  street  bounded  on  the  west  by  blocks  75  and  91  Patee's 
addition,  by  blocks  7  and  4  Hall's  Second  addition,  by  blocks 

35  and  3  Harris  addition,  by  block  1  Marney  Place  and  extend- 


NAMES  OF  STREETS.  405 

ing  from  Perm  street  north  to  Mulberry  street,  shall  be  called 
Twenty-first  street.      [#.  0.  No.  555,  Sec.  161. 

SEC.  162.  Twenty-second  street.-— The  street  located 
along  the  north  and  south  quarter  section  line  of  section  21. 
township  57,  range  35,  from  the  south  city  limits  north  to 
Garfield  avenue,  thence  bounded  on  the  west  by  blocks  5  and 
1  Connett  PJace,  by  blocks  10  and  3  Thomas'  addition,  thence 
bounded  on  the  east  by  blocks  9  and  2  Gladstone  Heights  addi- 
tion,thence  located  along  said  quarter  section  line  north  to  Pacific 
street,  thence  bounded  on  the  west  by  Madinger's  addition, 
thence  bounded  on  the  east  by  Donnell  and  Saxton's  addition, 
thence  bounded  on  the  west  by  blocks  48  and  92  Patee's  addi- 
tion, by  Evergreen  addition,  by  blocks  6  and  5  Hall's  (2d) 
addition,  by  blocks  36  and  4  Harris'  addition,  thence  bounded 
on  the  east  by  St  Joseph  Eastern  Extension  addition,  thence 
bounded  on  the  west  by  Carbry's  addition,  by  Oakland  Park 
addition,  thence  located  north  along  the  quarter  section  line 
of  section  4,  township  57,  range  35,  and  extending  from  south 
city  limits  north  to  Lover's  Lane,  shall  be  called  Twenty-second 
street.  [G.  0.  No.  555,  Sec.  162. 

SEC.  163.  Twenty-third  street. — The  street  bounded 
on  the  west  by  block  9  Gladstone  Heights  addition  and  extend- 
ing from  the  south  line  of  said  addition  north  to  Atchison  street; 
also  the  street  bounded  on  the  west  by  blocks  9  and  1  Hall's  (1st) 
addition,  by  Tolin  tract,  by  Rest's  addition,  by  blocks  3  and  1 
Hall's  (3d)  addition  and  extending  from  the  south  line  of 
Hall's  (1st)  addition  north  to  Hermann  avenue;  also  the  street 
bounded  on  the  west  by  lots  13  and  40  of  both  blocks  6  and  5 
Villarosa  addition  and  extending  from  Messanie  street  north 
to  Sylvanie  street;  also  the  street  bounded  on  the  west  by 
blocks  21  and  4  St.  Joseph  Eastern  Extension  addition  and 
extending  from  the  alley  south  of  Mulberry  street  north  to 
Highly  street,  shall  be  called  Twenty-third  street.  [G.  O. 
No.  555,  Sec.  163. 


406  GENERAL  ORDINANCES. 

SEC.  164.  Twenty-fourth  street. — The  street  bounded 
on  the  west  by  blocks  10  and  2  Gladstone  Heights  addition,  and 
extending  from  the  south  line  to  the  north  line  of  said  addition  ; 
also  the  street  bounded  on  the  west  by  blocks  1  and  2  Donnell 
and  Saxton's  addition,  by  blocks  15  and  2  Hall's  (1st)  addition, 
and  extending  from  Jackson  street  north  to  Penn  street ;  also 
the  street  bounded  on  the  east  by  Frederick's  addition,  by  blocks 

1  and  4  Hermann's  addition,  by  blocks  3  and   2  Hartwig  and 
NeibePs  addition,  by  blocks  7  and  12  Viilarosa  addition,  by 
blocks  30  and  26  Eastern  Extension  addition,  by  blocks  23  and 

2  St.  Joseph  Eastern  Extension  addition,  and  extending  from 
the   alley   south   of  Lafayette   street  north  to  Highly   street, 
shall  be  called  Twenty-fourth  street.      [G.  O.  No.  555,  Sec.  164. 

SEC.  165.  Twenty-fifth  street. — The  street  bounded  on 
the  west  by  block  11  Gladstone  Heights  addition,  and  extending 
from  the  south  line  of  said  addition  north  to  Atchison  street ; 
also  the  street  bounded  on  the  west  by  blocks  14  and  3  Hall's 
(1st)  addition  and  extending  from  Duncan  street  north  to  Penn 
street  ;  also  the  street  bounded  on  the  west  by  blocks  7  and 
10  Viilarosa  addition,  by  blocks  74  and  51  Eastern  Extension 
addition,  by  blocks  23  and  2  St.  Joseph  Eastern  Extension 
addition,  and  extending  from  Messanie  street  north  to  Fred- 
erick avenue,  shall  be  called  Twenty-fifth  street.  [G.  O.  No. 
555,  Sec.  165. 

SEC.  166.  Twenty-sixth  street. — The  street  bounded 
on  the  west  by  lots  1  and  3  block  12  Gladstone  Heights  addi- 
tion, and  extending  from  the  south  line  of  said  lot  3  north  to 
Atchison  street ;  also  the  street  bounded  on  the  east  by  blocks 
15  and  6  Wyatt  Park  addition,  thence  bounded  on  the  west  by 
blocks  4  and  6  Hermann's  addition,  by  block  2  Hartwig  and 
Neibel's  addition,  and  extending  from  Mitchell  avenue  north 
to  Messanie  street  ;  also  the  street  bounded  on  the  west  by 
blocks  16  and  13  Yillarosa  addition,  by  blocks  73  and  50 
Eastern  Extension  addition,  and  extending  from  Messanie  street 
north  to  Mulberry  street ;  also  the  street  bounded  on  the  west 


NAMES  OF  STREETS.  407 

by  block  43  Eastern  Extension  addition,  and  extending  from 
Clay  street  north  to  Mulberry  street  ;  also  the  street  bounded 
on  the  east  by  blocks  1  and  4  Saxton  Heights  addition,  and 
extending  from  Frederick  avenue  north  to  O^age  street,  shall 
be  called  Twenty-sixth  street.  [G.  O.  No.  555,  /Sec.  166. 

SEC.  167.  Twenty-seventh  street. — The  street 
bounded  on  the  east  by  blocks  1  and  2  Grandview  addition  and 
extending  from  Jackson  street  north  to  Duncan  s  reet  ;  also 
the  street  bounded  on  the  west  by  blocks  15  and  2  Wyatt  Park 
addition  and  extending  from  Mitchell  avenue  north  to  the  north 
line  of  said  addition  ;  also  the  street  bounded  on  the  west  by 
blocks  17  and  20  Yillarosa  addition,  by  blocks  72  and  45 
Eastern  Extension  addition,  and  extending  from  Messanie 
street  north  to  Clay  street  ;  also  the  street  bounded  on  the 
west  by  blocks  3  and  4  Saxton  Heights  addition  and  extend- 
ing from  Folsom  street  north  to  Osage  street,  shall  be  called 
Twenty- seventh  street.  \_G.  0.  No.  555,  Sec.  167. 

SEC.  168.  Twenty-eighth  street. — The  street  bounded 
on  the  west  by  blocks  3  and  4  Grandview  addition  and  extend- 
ing from  Jackson  street  to  Duncan  street ;  also  the  street 
bounded  on  the  west  by  blocks  16  and  1  Wyatt  Park  addition, 
by  Villarosa  addition,  by  Eastern  Extension  addition,  thence 
located  north  along  the  line  between  sections  9  and  10,  town- 
ship 67,  range  35  and  extending  from  Mitchell  avenue  north  to 
Frederick  avenue,  shall  be  called  Twenty-eighth  street.  [G.  O. 
No.  555,  Sec.  168. 

AVENUES  DESIGNATED  BY  NUMBERS. 

SEC.  169.  Third  avenue. — The  street  bounded  on  the 
north  by  blocks  16  and  17  Walker's  (2nd)  addition  and  extend- 
ing from  Seventeenth  street  west  to  the  west  line  of  said  addi- 
tion, shall  be  called  Third  avenue.  \_G.  O.  No.  555,  Sec.  169. 

SEC.  170.  Fourth  avenue. —  The  street  bounded  on 
the  north  by  blocks  13  and  15  Walker's  (2nd)  addition  and 
extending  from  Eighteenth  street  west  to  the  west  line  of  said 


408  GENERAL  ORDINANCES. 

addition,    shall   be   called  Fourth  avenue.      \_G.    O.   No.  555, 
Sec.  170. 

SEC.  171.  Fifth  avenue. — The  street  bounded  on  the 
north  by  blocks  8  and  12  Walker's  (2nd)  addition  and  extend- 
ing from  St.  Joseph  avenue  east  to  the  east  line  of  said  addi- 
tion, shall  be  called  Fifth  avenue.  [G.  O.  No.  555,  Sec.  171. 

SEC.  172.  Sixth  avenue. — The  street  bounded  on  the 
north  by  blocks  3  and  7  Walker's  (2nd)  addition  and  extending 
from  St.  Joseph  avenue  east  to  the  east  line  of  said  addition, 
shall  be  called  Sixth  avenue.  [G.  0.  No.  555,  Sec.  172. 

SEC.  173.  Seventh  avenue. — The  street  bounded  on 
the  north  by  blocks  1  and  2  Walker's  (2nd)  addition  and 
extending  from  Fifteenth  street  east  to  the  east  line  of  said 
addition,  shall  be  called  Seventh  avenue.  [G.  O.  No.  555, 
Sec.  173. 

SEC.  174.  Eighth  avenue. —  The  street  bounded  on 
the  south  by  block  1  Walker's  (2nd)  addition  and  extending 
from  Seventeenth  street  east  to  the  east  line  of  said  addition, 
shall  be  called  Eighth  avenue.  [G.  O.  No.  555,  Sec.  174. 


GRADKS. 


409 


ARTICLE  II. 


GRADES  OF  STREETS,  AVENUES  AND  ALLEYS. 


SECTION. 
1.    Grades,  how  established. 


SECTION. 
2.    At  what  elevation. 


SECTION  1.  Grades,  how  established. — All  grades 
imirked  on  grade  maps  and  profiles  of  the  city  of  St.  Joseph, 
or  named  in  any  ordinance  thereof,  as  the  grades  of  the  inter- 
sections of  two  streets,  shall  have  direct  reference  to  and  shall 
designate  the  relative  height  of  the  point  where  the  center  line 
or  axis  of  said  two  streets  intersect.  \_G.  0.  No.  54@,  Sec.  1. 


SEC.   2.     At  what 
lowing  streets,  avenues 
the  elevations  given  here 
the  Missouri  river,  taken 
bridge  : 


Elwood  Street. 

Feet 

North  City  Limits  

170.00 

Rosine  

.   175.00 

Isabelle  

.   182.00 

Auguste  

.   189.00 

Poulin  

186.00 

Bellevue  Street. 

City  Limits  

.   186.00 

Rosine  

.  180.00 

Isabelle  

.   150.00 

Augn  ste  

.   154.00 

Poulin  

.  150.00 

Franklin  

.  140.00 

Michel  

.   120.00 

Louis  

.  130.00 

Antoine  

.   100.00 

Isadore  

.     70.00 

Water  Street. 

Highland  avenue  

.   126.00 

Dolman  

.   156.00 

St.  Paul  

.  180.00 

29 

elevation. — The  grades  of  the  fol- 
and  alleys  are  hereby  established  at 
in,  in  feet  above  high  water  mark  in 
from  the  pivot  pier  of  the  St.  Joseph 


Feet 

Market..      166.00 

Chestnut 145.00 

Linn 182 . 00 

Cherry 174.00 

Section  Line 171.00 

Rosine 152.00 

Isabelle 135.00 

Auguste 114.00 

Poulin 108.00 

Franklin 123.00 

Michel 148.00 

Louis 143.00 

Antoine 136.00 

Isadore 116 . 00 

Robidoux 75.00 

Faraon 35.00 

Levee  Street, 

City  Limits 170 . 00 

Highland  avenue 158.00 

Dolman 160.00 

St.  Paul 146.00 

Market  ..  .  156.00 


410 


GENERAL  ORDINANCES. 


Chestnut 

Linn 

Cherry 

Section  Line,  165  feet  north 

of  north  line  Kosine 

80  feet  north  of  north  line 

Rosine 

Rosine 

Isabelle 

Half  way  between  Isabelle 

and  Aug-uste 

Auguste 

Poulin 

Franklin 

Michel 

Half  way  between  Michel 

and  Louis 

Louis 

Antoine. 

Isadore 

Robidoux 

Faraon  

Jules 

Francis 

Main  Street. 

City  Limits 210.00 

Highland  avenue ' 190.00 

Dolman 180 . 00 

St.  Paul 154.00 

Market 125.00 

Chestnut 130.00 

Linn 142.00 

Cherry 130.00 

Rosine 136.00 

Isabelle 122.00 

'Aug-uste 108.00 

Poulin 104.00 

North  line  of  Franklin  .    ...     69.00 

Franklin 66.00 

Michel 50 .00 

Louis 40.00 

Antoine 33.00 

Isadore 26.50 

Robidoux 26.00 

Faraon 29 . 00 

Jules..  31.50 


Feet 
170.00 
178.00 
165.00 

173.00 

178.50 
176.50 
163.00 

155.00 
140.00 
100.00 
76.00 
80.00 

83.00 
68.00 
64.00 
55.00 
38.00 
25.00 
13.00 
3.00 


Feet 

Francis 24.50 

Felix 18.00 

Second  Street. 

City  limits 205.00 

Highland  avenue 188.00 

Dolman 170.00 

St.  Paul 152.00 

Market 1-2.50 

Chestnut 100.00 

Linn 98.00 

Cherry 110.00 

Rosine 77.00 

Isabelle 70.00 

Auguste 62.00 

Poulin 54.00 

Franklin 46.00 

Michel 39.00 

Louis 32.50 

Antoine 28.00 

Isadore 31 .50 

Robidoux 40.00 

Faraon 48.50 

Jules 45.50 

Francis 30.00 

Felix 22.00 

Edmond 19.00 

Charles 15.50 

Oak 6.00 

Cedar 5.00 

Atchison 4.00 

Third  Street. 

North  line  of  St.  Joseph  Ex- 
tension addition  166.00 

Alley  north  of  Hig-hland  ave- 
nue    160 . 00 

Highland  avenue 168.00 

Alley  between  Dolman  street 

and  Highland  avenue 170.00 

Dolman 167.00 

St.  Paul 140.00 

Market 113.00 

Chestnut 95.00 

Linn 74.00 

Cherry 69.00 

Savannah  avenue 64 . 30 


GRADES. 


411 


Feet 

Albemarle 63.50 

Rosine 57.00 

Isabelle 43.00 

Auguste 38 . 00 

Poulin 39.00 

Franklin 40.50 

Michel .\ 37 . 50 

Louis ."• 34.50 

Antoine 44 . 50 

Isadore 54.50 

Robidoux 64 . 00 

Faraon 71.00 

Jules 60.00 

Francis 46 . 00 

Felix 30.50 

Felix,  northeast  corner 30.50 

Felix,  sou theast  corner 29 . 83 

Felix,  northwest  corner 30.00 

Felix   southwest  corner 29.25 

Edmond 23.00 

Charles 20.00 

Sylvanie 16.00 

Angelique 13 . 00 

Messanie 10 . 00 

Locust 9.00 

Mary 7 . 40 

Patee 5 . 00 

Oak 8.00 

Cedar 6 . 50 

Atchisou 5.00 

Fourth  Street. 

North  line  of  St.  Joseph  Ex- 
tension addition 146.00 

First   alley  north  of   High- 
land avenue 140 . 00 

.Highland  avenue 128.00 

Alley  between  Dolman  street 

and  Highland  avenue 133.00 

Dolman 140.00 

120  feet  nor tli  of  north  line 

of  St.  Paul 138.00 

North  line  St.  Paul 130.00 

South  line  St.  Paul 129.00 

120  feet  nortli  of  Washington 

avenue 120 . 00 

Albemarle 46.00 


Feet 

Rosine 42 . 00 

Half   way    between    Rosine 

and  Isabelle 38.00 

Isabelle 36.00 

Half  way  between  Isabelle 

and  Auguste 35.00 

Auguste 36.00 

Poulin 38 . 00 

Franklin 40 . 00 

Michel 42.00 

Louis 56.00 

Antoine 78.00 

Isadore 94.00 

Robidoux 97.00 

Faraon 92.00 

Jules 78.00 

Francis 61 . 00 

Felix 40.00 

Edmond 30 . 00 

Charles 24.00 

Sylvanie 19 . 00 

Angelique 15 . 50 

Messanie 12.00 

Locust 11.50 

Mary 10.30 

Patee 9.50 

Olive 7 . 50 

Lafayette 8.50 

Seneca 10.00 

Mitchell  avenue 11.00 

Renick 12.00 

Sacramento 12 . 75 

150  feet  south  of  Sacramento  13.00 

Monterey 8.50 

Duncan 7.00 

Doniphan  avenue 7 .75 

Jackson 8 . 50 

Oak 10.00 

Cedar 8 . 50 

Atchison 7.00 

Fifth  Street. 

North  line  of  St.  Joseph  Ex- 
tension additiDn 124.00 

First  alley  north  of  Highland 
avenue 121 . 00 

Highland  avenue 110.00 


412  - 


GENERAL  ORDINANCES. 


Albemarle  

Feet 
42.00 
38.00 
43  00 

Franklin    

Feet 
111.00 
114.00 
120.QO 
120.00 
130.00 
116.00 
102.00 
88.00 
76  50 

120  feet  north  of  Isabelle  .  .  . 
Isabelle 

Michel  

Hall 

Ausruste 

63.00 
88.00 

100.50 

88.00 
72.00 
90.00 
128.00 

141.50 
139.00 
127.00 
106.50 
85.00 
63.00 
48.00 
36.00 
28.00 
23  .  00 
18.00 
15.00 
15.00 

13.50 

9.00 
8-50 
9.00 
8.50 
8.00 
7.50 
8.00 
9  50 

Louis 

Poulin 

Antoine 

Half    way    between    Poulin 
and.  Franklin 

Isadore 

E/obidoux 

Franklin      ...                    .... 

Faraon    . 

Michel                 . 

Jules  

Louis     .                    ... 

Francis    

68  .  00 
58.00 
44  .  00 
31  50 

Antoine  

Felix   

Half  way  between  Antoine 
and  Isadore  
Isadore  

Edmond  

Charles 

Sylvanie  

26.50 
22.00 
18.50 
16.00 
15  00 

Robidoux 

An°"elic(ue 

Faraon 

Messanie             .  .   . 

Jules 

Locust 

Francis 

Marv   

Felix 

Patee 

r>  50 

Edmond 

Olive  

12.00 
10.00 
11.00 

14.25 
14.25 

14.25 

12  .  40 
12  .  00 
11.50 
10.60 
10.25 
9.50 

Charles 

Lafayette  

Sylvanie 

Seneca  

Ang^elique      

350    feet   north   of    Mitchell 
avenue  

Messanie  

Mitchell  avenue 

Mitchell  avenue     ...    . 

500  feet  south  of  south  line 
of  Mitchell  avenue  

Bartlett  Street. 

400  feet   south    of    Mitchell 
avenue  

175  feet  north  of  Monterey, 
east       .  .   . 

Monterey,  west  

Duncan  

Doniphan  avenue  

Jackson  

Scott 

Scott  

1>opi  flp 

Pacific  

9.00 
9.80 
11.00 
12.25 
13.75 
15.50 
15.00 
14.0 

204.00 
212.00 

Maple  

Sycamore  

10.75 
11.50 
12.50 
12.00 

42.00 
53.00 
64.00 

87.50 

Hickory  

Walnut 

Walnut  

Oak 

Oak  

Pf»H  n  v 

Cedar  

Sixth  Street, 
Albemarle  

Atchison           

Grape  Street. 

Broadway     

Isabelle  

Ausfuste 

Alley  between  Madison  and 
Broadwav  . 

Poulin  .  . 

GRADES. 


413 


Feet 

Madison 195.00 

Monroe 162.00 

Concord  avenue 138.00 

Hamburg  ave  iue 140.00 

Shady  avenue 124.00 

Diana  Street. 

Broadway 200.00 

Madison 165.00 

Monroe 135.00 

Concord  avenue 110 . 00 

Hamburg1  avenue 106.00 

Alley    between    Shady    and 

Hamburg'  avenues 108.00 

Shady  aven  ue 102 . 00 

Seventh  Street. 

North    line  of  Hardin   Place 

addition 92.00 

Moss  street  or  north  line  of 
St.  Joseph  Extension  addi- 
tion    80.00 

Richardson 62.00 

Half  way  between  Richard- 
son and  Pendleton 80.00 

Pendleton 83.00 

Alley  between  Pendleton  and 

Albemarle 81.00 

Albemarle 87 . 00 

Lincoln 92 . 00 

Powell 94.00 

Alley    between   Corby     and 

Powell 90.00 

Corby 92.50 

Hall 148.00 

550  feet  north  of  north  line  of 

Robidoux 127.00 

Robidoux,  east 94.00 

Robidoux,  west 93.00 

Faraon 90 . 00 

Jules 93.00 

Francis 77.50 

Felix 58.00 

Edmond 43.00 

Charles 36 .00 

Sylvanie 28.00 

Ang-elique 24.00 


Feet 

Messanie 21.00 

Locust 16.00 

Mary 14.50 

Patee 13.00 

Olive 11.00 

Catawba  Street. 

Broadway 164.00 

Madison 134.00 

Monroe 105.00 

Concord  avenue 85.00 

Hamburg-  avenue 80.00 

Shady  avenue 76.00 

Eighth  Street. 

Jefferson 63.00 

Woodson 70.00 

Richardson 82.00 

Peudleton 100.00 

Albemarle Ill  .00 

Lincoln 115.00 

Hall 158.00 

Alley  between  Hall  and  Rob- 
idoux   127.50 

164  feet  north  of  north  line 

Robidoux 104.00 

Robidoux 98.00 

Faraon *110.00 

Jules 89.00 

Francis 66.00 

Felix 48.00 

Frederick  avenue 48.00 

Edmond     50.50 

Charles. 53.50 

Sylvanie 43. CO 

Angelique 32.00 

Messanie 23 . 00 

Locust 18.00 

Mary 15.00 

Patee 13.00 

Olive 14.00 

Lafayette 16.00 

Seneca 17.00 

Penn 18.00 

Mitchell  avenue 19.00 

Renick 22.50 

Sacramento..  19.00 


414 


GENERAL  ORDINANCES. 


/  Feet 

Monterey 16.50 

Duncan 15.00 

Doniphan  avenue 14.00 

Jackson 13 . 25 

Scott 12.50 

Pacific 12.00 

Sycamore 13 .00 

Hickory 14.00 

Ninth  Street, 

Albemarle 135.00 

Lincoln 137.00 

Powell 150.00 

Corby 151.00 

Ridenbaugh 155.00 

Hall 143.00 

Church 131.50 

Northwest     corner     Snyder 

tract 114.00 

160  feet  north  of  Robidonx.  106.40 

Robidoux 115.00 

Faraon 98.00 

Jules 70.00 

Alley     between     Jules   and 

Francis 60.50 

Francis 56.00 

Frederick  avenue 56.00 

Felix* 59.00 

Edmom! 74 .00 

120  feet  north  of  north  line 

Charles 82.00 

Charles 85.00 

Sylvanie 71.00 

Angelique 55.50 

150  feet  north  of  north  line 

Messanie 43.00 

Messanie 37.00 

116  feet  south  of  south  line 

Messanie 32.50 

Locust 26.00 

Mary 20.75 

Patee 18.00 

Olive 15.50 

Lafayette 16.50 

Seneca 18 . 00 

Penn 19.00 

Mitchell  avenue  . .  21.00 


Feet 

Renick 24.00 

Sacramento 21 .00 

Monterey 18 . 50 

Duncan 17.50 

Doniphan  avenue 16.00 

Jackson 14 . 50 

Scott 13.50 

Pacific 13.00 

Sycamore 14.00 

Hickory 15.00 

Spruce  Street 

Broadway 128.00 

Madison 103.00 

Monroe 81 . 00 

Dearborn  Street. 

Broadway 94.00 

Madison 78.00 

Tenth  Street. 

Highland  avenue 60 . 00 

Doug-lass 56.00 

Grand  avenue 52.00 

800  feet  south  of  Grand  ave- 
nue    132.00 

Albemarle 166.00 

Lincoln 170.00 

Powell 162.00 

Corby 148.00 

Ridenbaug-h 135.00 

Opposite  center  of  Henry. . .  124.00 

Church 127.00 

Isadore 130.00 

250  feet  north  of  north  line 

Robidoux , 128 .00 

140  feet  north  of  north  line 

Robidoux 123.00 

Robidoux 109.  IK) 

Faraon f 83.00 

Jules 65.00 

Frederick  avenue 64.00 

Francis 62.50 

Felix 81.00 

Edmond 102.00 

Charles 113.00 

Sylvanie 99.00 


GRADES. 


415 


Angelique 

Messanie 

Locust * 

Patee  . .  


Feet 
83.00 
63.00 
43.00 
30.00 

Olive 25.00 

Lafayette 22 . 00 

Seneca 20.00 

Penn 22.00 

Mitchell  avenue 24.00 

Renick 26.00 

Sacramento 24.50 

Monterey 21.50 

Duncan 19.50 

Doniphan  avenue 17.50 

•Jackson 16.50 

Scott 18.00 

Pacific 19.50 

Sycamore 18.00 

Hickory 21.00 

Clark  Street. 

Broadway 76.00 

Eleventh  Street. 

Highland  avenue 93.00 

Doug-lass 71 . 00 

Grand  avenue 55 . 00 

200  feet  south  Grand  avenue  57.00 

600  feet  south  Grand  avenue  70.00 

Highly  (section  line) 120.00 

Lincoln 137.  uO 

Half  way  between  Lincoln 

and  Powell 146 . 00 

Powell 153.00 

Corby 144.00 

Ridenbaugh 153 . 00 

Henry 156 . 00 

Church 159 . 00 

Alley  between  Church  and 

Isadore 158 . 00 

Isadore 143 . 30 

Faraon  and  Frederick  avenue  80.00 

Jules 68.00 

Francis 73.50 

Felix 128.00 

Edmond 153.00 

Half  way  between  Edmond 

Charles...                                .  154.00 


Charles 

Sylvanie 

Angelique 

Messanie 

Locust 

Patee 

Olive.: 

Lafayette 

Seneca  

Penn 

Mitchell  avenue 

Renick 

Sacramento 

Monterey 

Duncan  

Doniphan  avenue 

Jackson 

Scott 

Pacific 

Sycamore 

Hickory 

2600  feet  north  of  Atchison 
2000  feet  north  of  Atchison 
1350  feet  north  of  Atchison, 
1000  feet  north  of  Atchison 
500  feet  north  of  Atchison. 
Atchison •. 


Vine  Street. 


Locust.  . . . 

Patee 

Olive 

Lafayette. 
Seneca . . 


Twelfth  Street. 

Alley  north  of  Highland 
avenue  

Highland  avenue 

Douglass 

Alley  north  of  Grand  avenue 

Grand  avenue 

Boyd  

300  feet  south  of  Boyd 

Opposite  center  line  of  Hoi- 
man  

Opposite  center  line  of  Beat- 
tie  .. 


Feet 
150.00 
131.00 
125.00 
97.00 
77.50 
57.00 
47.50 
36.00 
28.00 
24.00 
26.60 
28.00 
26.00 
23.25 
22.00 
20.50 
19.00 
21.00 
23.50 
28  50 
27.50 
26 . 50 
28.50 
26.50 
28  .'50 
32.00 
28  50 

102.00 
91.00 
68.50 
f>6.00 
48.00 


125.00 
112.00 
85.00 
72.00 
65.00 
63.00 
66.00 

80.00 
106.00 


416 


GENERAL  ORDINANCES. 


Feet 

Highly 134.00 

Lincoln 169.00 

Alley   between  Lincoln  and 

Powell 171.00 

Powell 108.00 

Corby 161.00 

Ridenbaugh 177  00 

Alley     between    Ridenbaugh 

and  Henry 178 .00 

Henry 169.00 

Church 146.00 

Isadore 122 .00 

300  feet  north  of  north  line 

Frederick  avenue 123.00 

Frederick  avenue 93.00 

Faraoii 76 . 00 

75  feet  south  of  south   line 

Faraon 72 . 00 

Half   way    between   Faraon 

and  Jules 73.00 

Jules 74.20 

Half  way  between  Jules  and 

Francis 76.00 

Francis 81 .50 

Felix 100.00 

Edmond 126.00 

Charles 151.00 

Sylvanie 162.00 

Angelique 168.00 

Half  way  between  Ang-elique 

and  Messanie 160 . 00 

Messanie 139.00 

Olive 87.00 

Lafayette 79.00 

Seneca 63.00 

Penn 47.00 

100  feet  son tli  of  Penn 42.50 

Mitchell  avenue 33.00 

Renick 29.00 

Sacramento 30.00 

Monterey 28 . 70 


Duncan 


'.35 


Doniphan  avenue 26.00 

Jackson 27.35 

Scott 28.70 

Pacific 30.00 

Sycamore 36.00 


Feet 

Hickory 42.00 

South  line  of  South  St. 

Joseph  addition 50.50 

Opposite  south  line  of  lot  9, 

block  1,  Lee  &  Hardman's 

addition 57  ()0 

50  feet  south  of  south  line  of 

Zimmerman's  addition. ...  65  00 
Atchison 42  00 

Thirteenth  Street. 

Grand  avenue 76  00 

Boyd 72  00 

320  feet  south  of  Boyd 67  00 

Opposite  Hoi  man 96.00 

Beattie 130.00 

Highly 154.00 

Lincoln 175.00 

Alley  between  Lincoln  and 

Powell 177.00 

Powell 174.00 

Corby 171.00 

Ridenbaugh 175.00 

Henry,  north  side 161.00 

Henry 163.50 

Henry,  south  side 160.00 

North  line  of  Church 137.00 

South  line  of  Church 134.00 

275  feet  north  of  Frederick 

avenue 113 . 00 

Frederick  avenue  100.00 

Buchanan  avenue 78.00 

Faraon 80.00 

Jules 96.00 

Francis 102.00 

Felix 107.00 

Edmond 117.75 

Half  way  between  Edmond 

and  Charles 122.50 

Charles 132.50 

Sylvanie 160.00 

Messanie 156.00 

Locust 157.00 

600  feet  north  of  center  of 

Patee 162.00 

200  feet  north  of  center  of 

Patee 158.00 


GRADES. 


Feet 

Patee 141.00 

Olive 107.00 

Lafayette 105.00 

Seneca 85.00 

Perm 51.00 

Mitchell  avenue 35 .50 

Renick 36.0(» 

Sacramento 32.50 

Monterey 32.00 

Duncan 36.00 

Doniphan  avenue 34.00 

Jackson 36 . 00 

Scott 34.00 

Pacific 36.00 

Half   way    between    Pacific 

and  Sycamore 44.00 

Sycamore 47.00 

Hickory 70.00 

Fourteenth  Street. 

Felix 131.00 

Charles 136.00 

Messanie 152 . 00 

160  feet  south  of  Messanie. .  156.00 

Locust 148.00 

Patee 125.00 

Olive 122.00 

Lafayette 108.00 

Seneca 88.00 

Penn 53.00 

Mitchell  avenue 37.00 

Sacramento 35.00 

Pacific  . .  ,     62 . 00 


Poplar  Street. 


Duncan 


105.00 


Fifteenth  Street. 

Grand  avenue 90.00 

Boyd 78.00 

185  feet  north  of  Hoi  man  ...  72.00 

Holman 83 . 50 

Beattie 122 . 00 

Highly 146.00' 

Section  line  180  feet  north  of 

Faraon 92.00 

Faraon 98.00 

30 


Feet 

Jules 131.00 

Francis 152.00 

Felix 163.00 

Edmond 166.00 

Charles 163.00 

Sylvanie 165 . 00 

Half  way  between  Sylvanie 

and  Angelique 166.00 

Angelique 159.00 

Messanie 137.00 

Locust 138.50 

120  feet  south  of  Locust 135.00 

Patee 108.00 

Olive 90.00 

Lafayette 88 . 00 

Seneca 70.00 

Penn 48.00 

Mitchell  avenue 37.50 

Sacramento 43.00 

Pacific 76.00 

Mt.  Mora  Road. 

Entrance  to  Cemetery 134.50 

600  feet  north  of  Frederick 

avenue 127.50 

Frederick  avenue 99.00 

Landis  Street. 

Alley     between     Buchanan 

and  Frederick  avenues.  ...     85.00 
Buchanan  avenue 86.00 

Sixteenth  Street. 

Grand  avenue 110.00 

Boyd 105.00 

250  feet  north  of  Holman.  . .  88.00 

Holman 85.00 

Beattie 110.00 

Highly 132.00 

Frederick  avenue  at  Mt. 

Mora  road 99.00 

Section  line,  180  feet  iiortli 

of  Faraon 120 . 00 

Faraon 118.00 

Jules* 117.75 

Francis 133.75 

Felix..  .  158.00 


418 


GENERAL  ORDINANCES. 


Feet 

Edmond 177.50 

Charles 162.00 

Sylvanie 146 . 00 

Angelique.. 140.00 

Messanie 124.00 

Locust 115.00 

Patee 95.00 

Olive 64.00 

Lafayette 61 . 00 

Seneca 50.00 

Penn 43.00 

Mitchell  avenue 46.00 

Sacramento 54.00 

Duncan 127.50 

400  feet  south  of  Duncan 157.50 

600  feet  south  of  Duncan 152.50 

800  feet  south  of  Duncan 140.00 

Pacific 80.50 

Garfield  avenue 43.00 

Hull  Street. 

Alley  between  Buchanan  and 

Frederick  avenues 91.00 

Buchanan  avenue 94.00 

Park  Avenue. 

Center 52.00 

Commercial 43.50 

Seventeenth  Street. 

Grand  avenue 136.00 

Boyd 112.00 

320  feet  north  of  Hoi  man  ...  90.00 

Holman 87.50 

Alley  between  Beattie  and 

Holman 92.00 

Beattie 106.00 

Highly.... ..'  129.00 

Jones 148.00 

Alley  between  Jones  and 

Howard 143.00 

Howard 133.00 

Colhoun 110.00 

Union 100 . 00 

Frederick  avenue 96 . 00 

Section  line 147.50 

Faraon..  .  149.00 


Feet 

Jules 139.00 

Francis 148.00 

Felix 153.00 

Edmond 163.00 

Charles 167.00 

Sylvanie 160 .00 

Angelique 137.00 

Messanie 107 . 50 

Locust 102 . 50 

Patee 78.00 

Olive 61.00 

Lafayette 51.00 

Seneca 46.00 

Penn 43.00 

Mitchell  avenue 65.00 

Sacramento 74.00 

Monterey 84.00 

Duncan 132. SO 

Pacific 86.00 

Eighteenth  Street. 

Grand  avenue 144.00 

Boyd 114.00 

200  feet  south  of  Boyd 94.00 

320  feet  north  of  Holman. . .  92.00 

Holman 90.00 

Beattie 110.00 

Alley  between  Highly  and 

Beattie 118.50 

Highly 131.00 

Jones 145.00 

Alley  between  Jones  and 

Howard 144.00 

Howard 137.00 

Alley  between  Howard  and 

Colhoun 115.00 

Colhoun 106.00 

Frederick  avenue 105.00 

Mulberry 124.00 

Section  line  180  feet  north  of 

north  line  of  Faraon 149.00 

Faraon 166.00 

120  feet  of  north  north  line 

of  Jules f 168.00 

Jules ' 165.00 

120  feet  north  of  north  line 

Francis 167.50 


GRADES. 


419 


Feet 

Francis  

166.50 

Felix  

148.00 

Edrnond  

134.00 

Charles  •  

132.00 

Sylvanie  

135.00 

Angelique  

132.50 

1  Messanie  

99.00 

160  feet  south  of  south  line 

Messanie  

83.00 

Locust  

77.00 

Patee  

61.00 

Olive  

54.00 

Lafayette  

48.00 

Seneca  

44  .  50 

Penn  

48.00 

Mitchell  avenue  

84.00 

Sacramento  

104.00 

Monterey  

106.00 

Duncan  

144.00 

Pacific,  west  

103.00 

Pacific,  east  

109.00 

Belle  

61.00 

Center  

52.00 

Garfield  avenue,  east  

39.50 

Commercial  

46.80 

Hallack  Street. 

East  Center  line  and  alley 

between  Clay  and  Union.  . 

150.00 

120  feet  north  of  Clay  

153.00 

Margaret  Street. 

Pacific  

117.00 

Nineteenth  Street. 

Beattie  

125.00 

Highly  

159.00 

Alley    between    Highly  and 

Jones  

163.00 

Jones  

154.00 

Howard  

126.00 

Alley  between  Howard  and 

Frederick  avenue  

116  00 

Frederick  avenue  

112.00 

Union  

132.00 

Alley    between    Union    and 

Clay  

160.00 

Feet 
110  feet  north  of  north  line 

of  Clay 163.00 

Clay 158.00 

Mulberry 127.50 

Alley  between  Mulberry  and 

Faraon 137.50 

Faraon 142.50 

Jules 163.00 

Francis 169.00 

Felix 164.00 

Edrnond 142 . 00 

Charles 123 . 00 

Sylvanie 107.00 

Angelique 104.00 

Messanie 86 . 00 

Alley  160  feet  south  of  Mes- 
sanie      76.00 

Mary 62.00 

Olive 52.00 

Lafayette 47 . 00 

Seneca 74.00 

Penn 76.00 

Mitchell  avenue 88 . 00 

Sacramento 134.00 

Monterey 124 . 00 

Duncan 158.00 

Belle 67.00 

175  feet  north  of  Commercial     62.00 

Commercial 48.00 

Garfield  avenue,  east 40.50 

Bonton  Street. 

200  feet  north  of  north  line 

of  Clay 160.00 


Warsaw  Avenue. 


Mary. 


72 . 00 


Twentieth  Street. 

Highland  avenue 135.00 

Douglass 120.00 

Grand  avenue 105  00 

Boyd 100  00 

James 115 . 00 

Holman 120.00 

Alley  between  Holman  and 

Beattie .  134.00 


420 


GENERAL  ORDINANCES. 


Alley  between  Beattie  and 

Highly 

Highly 

Alley  between  Highly  and 

Jones 

Jones 

Howard 

Frederick  avenue,  west 

Frederick  avenue,  east 

Colhoun 

Union 

Clay 

Mulberry 

Twentieth  (south)  at  section 

line  north  of  Faraon 

Twentieth  (north)  at  section 

line  north  of  Faraon 

Faraon 

Jules 

Francis 

Felix 

Edmond 

Charles 

Sylvanie 

Angelique 

Messanie 

Mary 

Olive 

Lafayette 

Seneca  

Penn 

Mitchell  avenue 

Sacramento 

Monterey • . 

Duncan  

Doniphan  avenue 

Jackson 

Scott 

Pacific 


Feet 
140.00 

144.00 
155.00 

157.00 
143.00 
120.00 
117.00 
121.00 
122.00 
155.00 
172.00 
162.50 

161.00 

175.00 

158.00 

160.75 

163.00 

148.00 

150.00 

148.00 

134.00 

118.00 

96.00 

70.00 

48.00 

53.00 

70.00 

98.00 

110.00 

153.00 

164.00 

178.00 

180.00 

174.00 

162.00 

134.00 

90.00 


Twenty-first  Street. 

Mulberry 170.00 

Alley  north  of  Faraon 172.50 

Faraon 167.00 

Jules 146.00 


Feet 

Francis 137.00 

Felix 120.00 

Edmond 118.00 

Charles • 117.00 

Sylvanie 314.00 

Angelique 100.00 

Messanie 74 . 00 

Mary 56.00 

C.  B.  &  Q.  R.  R.  crossing- 50.50 

Olive 52.00 

Lafayette 57 .00 

Seneca 64.00 

Penn 84.00 

Belle 74.00 

Garfield  avenue. .  ,     54.00 


Twenty-second  Street. 

Highland  avenue 

Douglass 

Grand  avenue 


James 

Holman 

Beattie 

Highly 

Jones 

Frederick  avenue 

Colhoun 

Union 

Clay 

Mulberry 

Section  line  at  alley  north  of 

Faraon 

Faraon  


Francis 

Felix 

Edmond 

Charles 

Sylvanie 

Angelique 

Messanie 

Locust 

Mary 

C.  B.  &  Q.  R.  R.  crossing. 

Olive 

Lafayette 


127.00 
114.00 
120.00 
135.00 
148.00 
158.00 
150.00 
142. CO 
132.00 
139.00 
140.00 
153.00 
172.00 
162.50 

164.00 

165.00 

152.00 

134.00 

130.00 

120.00 

108.00 

97.00 

80.00 

70.00 

62.00 

58.00 

54.50 

56.00 

62.00 


GRADES. 


Feet 

Seneca 70.00 

Perm 74.00 

Mitchell   avenue 105.00 

Duncan 173 .00 

Jackson 145 . 00 

120  feet  south  of  Jackson.  . .   136.00 

Scott 134.00 

Pacific 129.00 

410  feet  south  of  Pacific  ...   184.00 

610  feet  south  of  Pacific  ...  128.00 

830  feet  south  of  Pacific  .  . .  141.00 

1010  feet  south  of  Pacific  ...   151.00 

1430  feet  south  of  Pacific  ...  138.00 

1990  feet  south  of  Pacific...   150.00 

2070  feet  south  of  Pacific  .  . .  147.00 

2380  leet  south  of  Pacific  .  . .   124.00 

Belle  street  or  south  line  of 

Grattan  road 71.00 

200  feet  south  of  Belle 61.00 

Commercial 52 .00 

C.  R.  I.  &  P.  R.  R 51.00 

380  feet  south  of   C.  R.  I.  & 

P.  R.  R 58.00 

Pine 80 . 00 

50  feet  south  of  Pine 82.00 

Garfield  avenue 52.00 

180  feet  north  of  soutli  City 

Limits 49.50 

90  feet  north  of   south  City 

Limits 47.00 

South  City  Limits 46.50 

Twenty-third  Street. 

Jones  and  Frederick  avenue  155.00 

Colhoun 148.00 

Union 176.00 

Clay 165.00 

Mulberry 144.00 

Olive 62.00 

Lafayette 68.00 

Seneca 82.00 

Penn 86.00 

Mitchell  avenue 108.50 

Twenty-fourth  Street. 

Frederick  avenue 168.00 

Jones 180.00 


Feet 

Colhoun 164.00 

Union 184.00 

Clay  175.00 

Mulberry 156.00 

Faraon 124.00 

Jules 118.00 

Francis 114.00 

Felix 110.00 

Edmond 108.00 

Charles 94.00 

Sylvanie 82.00 

Angelique 76.00 

Messanie 65.00 

Patee 68.00 

Olive 80.00 

Lafayette 76.00 

Seneca 78.00 

Penn 90.00 

Mitchell  avenue 125.00 

Duncan,  west 162.00 

Duncan,  east 161 .00 

Doniphan  avenue 174.00 

Jackson 176 . 00 

Twenty-fifth  Street. 

Frederick  avenue 174.00 

Jones 180 . 00 

Colhoun 174.00 

Union 170.00 

Clay 150.00 

Mulberry 160.00 

Faraon 140.00 

Jules .  126.00 

Francis 120.00 

Felix 104.00 

Edmond 96.00 

Charles 84.00 

Sylvanie 76.00 

Angelique 68.00 

Messanie 62.00 

Mitchell  avenue 107.50 

Duncan 178.00 

Twenty-sixth  Street. 

Delaware 196 . 00 

Frederick  aven ue 176 . 00 

Jones 162 . 00 


4:22 


GENERAL  ORDINANCES. 


Feet 

Colhoun 144.00 

Union , 140.00 

Clay 124.00 

Mulberry,  west 134.00 

Faraon 126.00 

Francis 144.00 

Felix 130.00 

Edmond 120.00 

Charles 100.00 

Sylvanie 94.00 

Angelique 72.00 

Messanie,  west 60.00 

Messanie,  east 61 . 50 

Patee 72.00 

Olive 84.00 

Lafayette 98.00 

Seneca : .  106. OC 

Penn 100.00 

Mitchell  avenue 106.00 

Roberts  Avenue. 

Delaware 180.00 

Twenty-seventh  Street. 

Faraon 94.00 

Francis 112.00 

Felix 98.00 

Edmond 90.00 

Charles 78.00 

Sylvanie 68 . 00 

Angrelique 66.00 

Messanie,  west 63.00 

Messanie,  east 64.00 

Patee 100.50 

Olive 103.00 

Lafayette 114 . 00 

Seneca 120.00 

Penn 126.00 

Mitchell  avenue 143.00 

Jackson 167.00 

Pacific '. 183.00 

Twenty-eighth  Street. 

Frederick  avenue 178.00 

Faraon 90.00 

Jules 82.00 

Francis...  80.00 


Feet 

Felix 78.00 

Edmond 76.00 

Charles 74.00 

Sylvanie 72.00 

Ang-elique 70.00 

Messanie 68 . 00 

Patee 128.00 

Olive 140.00 

Alley  between  Olive  and 

Lafayette 144.50 

Lafayette 136 . 00 

Seneca 154.00 

Penn 158.00 

Mitchell  avenue 162.00 

Doniphan  avenue 171.00 

Alley  between  Doniphan 

avenue  and  Jackson 177.00 

Jackson 176.00 

Twenty-ninth  Street- 

Faraon 84 . 00 

Jules 88 . 00 

Francis 96.00 

Felix 90.00 

Edmond 96.00 

Charles 108 . 00 

Sylvanie 114.00 

Ang-eliq  u  e 106 . 00 

Messanie 84.00 

Lafayette 110 . 00 

Seneca 120.00 

Penn 130.00 

Mitchell  avenue 146.00 

Thirtieth  Street. 

Faraon 94.00 

Jules 114.00 

Francis 130.00 

Felix 122.00 

Edmond  . 114.00 

Charles 138.00 

Sylvanie 144.00 

Angelique 122.00 

Messanie  (west) 106 . 00 

Lafayette 126 .00 

Seneca : 150.00 

Penn 164.00 

Mitchell  avenue  .  .  .168.00 


GRADES. 


423 


Broadway. 

Feet 
Alley   between     Diana   and 

Grape 210.00 

St.  Paul  Street. 

Alley  between  Second  and 
Third 138.00 

Fillmore  Street. 

Alley  east  of  St.  Joseph 
avenue 47.00 

Woodson  Street. 

200  feet  west  of  Eighth 50.00 

Delaware  Street. 

Alley  east  of  Twenty-sixth  .   199.00 
130   feet    west    of    Roberts' 

avenue 184.00 

140    feet     east     of     Roberts 

avenue 194.00 

Alley   west  of   Ashland     av- 
enue   196.00 

Linn  Street. 

Alley  between  Levee  and 
Water 190.00 

Cherry  Street. 

Alley  betweeen  Water  and 
Levee 184 . 00 

Pendleton  Street. 

235  feet  west  of  Seventh 58.00 

Half  way  between  Seventh 
and  Eighth 96.00 

Beattie  Street. 

120  feet  west  of  west  line  of 
Twentieth 128.00 

160  feet  west  of  Twenty- 
second  160 . 00 

Rosine  Street. 

Alley  between  Water  and 
Levee 168 . 00 

Alley  between  Second  and 
Third ,  69.00 


Highly  Street. 

Feet 

100  feet  west  of  Nineteenth.  162.00 
Halfway  bet  ween  Twentieth 
and  Twenty-second 160.00 

Isabelle  Street. 

Alley  between  Water  and 
Levee 150 . 00 

Alley  between  Second  and 
Third 51.00 

Jones  Street. 

150  feet  east  of  Eighteenth.  151.00 

Half  way  between  Nine- 
teenth and  Twentieth 155.00 

Alley  between  Twenty- 
fourth  and  Twenty-fifth. .  188.00 

Alley  east  of  Twenty-fifth  ..   160.00 

Auguste  Street. 

Alley  between  Second  and 
Third 43.00 

Powell  Street. 

Alley    between    Sixth     and 

Seventh 74.00 

160  feet  west  of  Tenth 16S.OO 

Corby  Street. 

350  feet  west  of  Ninth 106.00 

100  feet  east  of  Ninth 158 . 00 

125  feet  east  of  Ninth 160.00 

Colhoun  Street. 

Alley  between  Twenty-third 
and  Twenty-fourth 152 . 00 

Alley  between  Twenty- 
fourth  and  Twenty-fifth.  .  176.00 

Alley  east  of  Twenty-fifth..  150.00 

Ridenbaugh  Street. 
1 20  feet  east  of  Tenth 137 . 00 

Union  Street. 

225  feet  east  of  west  line  of 

Nineteenth ,.  137.00 

Alley  between  Twenty- 
fourth  and  Twenty-fifth. .  180.00 

Alley  east  of  Twenty-fifth . .  154.00 


424 


GENERAL  ORDINANCES. 


Henry  Street. 

168  feet  west  of  Twelfth. . . . 

Hall  Street. 

Opposite  southeast  corner  of 

Hogan's  lot 

216  feet  west  of  Ninth. . , 


Feet 
167.00 


156.00 
160.00 


Robidoux  Street. 


Feet 


Church  Street, 

Alley  between  Tenth  and 

Eleventh 142.00 

West  alley  in  block  31,  Im- 
provement addition 167.00 

East  alley  in  block  31,  Im- 
provement addition 162.00 

Antoine  Street. 

Alley  between  Second  and 

Third 31.00 

Alley  between  Fifth  and 
Sixth 136 . 00 

Clay  Street. 

West  line  of  Kemper's  addi- 
tion   107.00 

450  feet  east  of  west  line  of 

Kemper's  addition 152.00 

Half  way  between  Twentieth 
and  Twenty-second 176.00 

Alley  between  Twenty-sec- 
ond and  Twenty-third 160.00 

Alley  between  Twenty-fifth 
and  Twenty-sixth 134.00 

Isadore  Street. 

Alley  between  Main  and 
Second 28.00 

Intersection  of  east  alley  in 
block  31,  St.  Joseph  Im- 
provement addition 138.00 

Mulberry  Street. 

Alley  between  Twenty-sec- 
ond and  Twenty  third 148.00 

Alley  between  Twenty-third 
and  Twenty-fourth 152.00 

Alley  between  Twenty-fifth 
and  Twenty-sixth 146.00 


Alley     between     Main    and 

Second 31.00 

Alley  between  Fourth  and 

Fifth 115.00 

Alley  between  Sixth  and 

Seventh 95.00 

Alley  between  Ninth  and 

Tenth 120.00 

Faraon  Street. 

Alley  between  Eighth  and 

Ninth 109.00 

Section  line  east  of  Thir- 
teenth   87.00 

Alley  between  Fifteenth  and 

Sixteenth 103.00 

Half  way  betweenT  wentieth 
and  Twenty-first 166.00 

265  feet  east  of  Twenty-sec- 
ond   136.00 

405  feet  east  of  Twenty-sec- 
ond   130.00 

Jules  Street. 

Alley  between  Fourth   and 

Fifth 86.50 

Alley  between  Seventh  and 

Eighth 98.00 

Alley  between  Twelfth  and 

Thirteenth 83.00 

Section  Line,  140  feet  east  of 

Thirteenth 108.50 

Alley  between  Eighteenth 

and  Ninteenth 169.00 

150  feet  east  of  Ninteenth. . .  151.50 

270  feet  east  of  Twenty-fifth.  140.00 

480  feet  east  of  Twenty-fifth .  130 . 00 

990  feet  east  of  Twenty-fifth .  102 . 00 

1210  feet  east  of  Twenty-fifth .  90 . 00 

Francis  Street. 

Alley  between  Seventh  and 

Eighth 70.00 

Alley  between  Twelfth  and 

Thirteenth 88.00 

Section  line  east  of  Thir- 
teenth..  123.00 


GRADES. 


425 


Feet 
Alley    between    Eighteenth 

and  Nineteenth 170.00 

200  feet  east  of  Twenty-sec- 
ond       140.00 

280  feet  east   of  Twenty-sec 

ond 138 . 00 

270  feet  east  of  Twenty-fifth  140.00 
160  feet  east  of  Twenty-sixth  138.00 
250  feet     east     of    Twenty- 
seventh 86.00 

300  feet     east    of     Twenty- 
eighth  82.00 

Felix  Street. 

Alley    between    Sixth     and 
Seventh 

Alley    between    Ninth    and 
Tenth 

Alley  between  Twelfth  and 
Thirteenth 

Alley  between  Fifteenth  and 
Sixteenth 

Alley  between  Sixteenth  and 
Seventeenth  

Alley  between  Seventeenth 
and  Eighteenth 

Half     way     between    Nine- 
teenth and  Twentieth 

180  feet     east     of    Twenty- 
second  

260  feet 
second 

320  feet 
second 

270  feet  east  of  Twenty- fifth 

250  feet    east     of     Twenty- 
seventh  .  . 


east     of     Twenty- 
east     of     Twenty- 


61.00 
67.00 
95.50 
167.00 
146.00 
158.00 
163.00 
140.00 
142.00 

140.00 
124.00 

82.00 


Edmond  Street. 

Alley  between  Twelfth  and 
Thirteenth 116.00 

130  feet  east  of  Fifteenth. . .  178.00 

Half     way     between    Nine- 
teenth and  Twentieth 151.00 

280  feet  east  of  Twenty-sec- 
ond   132.00 

380  feet  east  of  Twenty-sec- 
ond   134.00 

31 


Feet 

250  feet  east  of  Twenty- 
seventh  80.00 

300  feet  east  of  Twenty- 
eighth  80.00 

Charles  Street. 

100  feet  east  of  Eleventh 153.00 

150  feet  east  of  Eleventh 153.00 

Alley     between      Fifteenth 

and  Sixteenth 168.00 

Alley    between    Eighteenth 

and  Nineteenth 122.00 

350  feet  east  of  Twenty-sec- 
ond   116.00 

160  feet  east  of  Twenty-sixth     97 . 00 
300    feet    east    of    Twenty- 
eighth  84.00 

320  feet  east  of  Twenty-ninth  134.00 

Sylvanie  Street. 

Alley  between  Twelfth  and 

Thirteenth 168.00 

Section  line  140  feet  east  of 
Thirteenth ,  153.50 

148  feet  east  of  Thirteenth..  153.50 

Alley  between  Fourteenth 
and  Fifteenth 152.00 

Alley  between  Fifteenth  and 
Sixteenth 161 .00 

350  feet  east  of  Twenty-sec- 
ond   102.00 

210  feet  east  of  Twenty-fifth     80.00 

300  feet  east  of  Twenty- 
eighth 90.00 

300  feet  east  of  Twenty-ninth  140 . 00 

Angelique  Street. 

Alley  between  Twelfth  and 

Thirteenth 183.00 

Alley  between  Fifteenth  and 

Sixteenth 155.00 

Alley  between  Sixteenth  and 

Seventeenth 128.00 

150  feet  west  of  west  line  of 

Twenty-fourth 84.00 

Messanie  Street. 

Alley    between    Ninth    and 

Tenth ,     46.00 


426 


GENERAL  ORDINANCES. 


Feet 

260  feet  east  of  Twelfth 161.00 

Alley   between  Seventeenth 

and  Eighteenth 102.00 

Patee  Street. 

Alley  between  Ninth  and 

Tenth 22.00 

Alley  between  Tenth  and 

Eleventh 37.50 

200  feet  east  of  Twenty-sixth     79.00 

180  feet  west  of  Twenty- 
eighth  133.00 

120  feet  west  of  Twenty- 
eighth 136.00 

60  feet  west  of  Twenty- 
eighth  134.00 

Olive  Street. 

Alley  between  Tenth  and 
Eleventh 33 . 50 

160  feet  east  of  Thirteenth.   124.00 

280  feet  east  of  Twenty- 
fourth 88.00 

250  feet  east  of  Twenty-sixth     88.00 

Lafayette  Street. 

Alley    between    Tenth   and 

Eleventh 27.00 

140  feet  east  of  Thirteenth .  .  118 .00 
300  feet  east  of  Twenty-sixth  102.00 
140  feet  west  of  west  line  of 

Twenty-eighth 135.00 

50  feet  west  of  west  line  of 

Twenty-eighth 137.50 

Seneca  Street. 

Alley  100  feet  east  of  Thir- 
teenth   98. uO- 

300  feet  east  of  Twenty- 
seventh  144 .00 

300  feet  east  of  Twenty- 
eighth  124.00 

Penn  Street- 

Alley  between  Eleventh  and 

Twelfth 32.00 

140  feet  east  of  Thirteenth.     54.50 


Feet 

Half     way     between     Thir- 
teenth and  Fourteenth. ..     5(5.00 
330    feet     east    of    Twenty- 
eighth 134.00 

260    feet    east    of    Twenty - 

ninth 154.00 

Mitchell  Avenue. 

Half  way  between  Thir- 
teenth and  Fourteenth...  39.00 

Half  way  between  Four- 
teenth and  Fif  tee  nth 38 . 50 

Alley  between  Fifteenth 
and  Sixteenth 39.00 

Alley  between  Twenty-sec- 
ond and  Twenty-third 98.50 

330  feet  east  of  Twenty- 
eighth  150.00 

Duncan  Street. 

150  feet  east  of  Twentieth. .  181.00 

210  feet  east  of  Twenty- 
second 169.00 

Opposite  Twenty-third  from 
the  north 167.00 

East  line  of  Hall's  addition.  163.00 

130  feet  west  of  west  line  of 
block  1,  Grandview  addi- 
tion   134.00 

30  feet  west  of  west  line  of 
block  1,  Grandview  addi- 
tion    130 . 00 

25  feet  east  of  east  line  of 
block  4,  Grandview  addi- 
tion   143.00 

East  city  limits 150.00 

Jackson  Street. 

220  feet  east  of  Twenty- 
fourth 183.00 

400  feet  east  of  Twenty- 
fourth  180.00 

960  feet  east  of  Twenty- 
fourth 164.00 

1105  feet  east  of  Twenty- 
fourth 160.00 

250  feet  east  of  Twenty- 
seventh  177 . 00 

East  city  limits 153.00 


GRADES. 


427 


Pacific  Street, 

Feet 
30- foot  street  between  Tapee 

and  Madinger's  addition.  .   126.00 
400  feet  east  of  Twenty-sec- 
ond    149.00 

1.350  feet  east  of  Twenty-sec- 
ond   151.00 

Frazier's  Lane 152.00 

300    feet    east    of     Frazier's 

Lane 169.00 

Belle  Street, 

Alley    between    Eighteenth 
and  Nineteenth 63.00 

Commercial  Street. 

Alley    between    Eighteenth 


and  Nineteenth, 


47.40 


Center  Street, 


Alley  between  Park  avenue 
and  Eighteenth 55.00 

Washington  Avenue, 

Highland   avenue 95.00 

Fillmore 93.00 

Jefferson 103.00 

Woodson 112.00 

Richardson 98 . 00 

Pendleton 88.00 

Middle  ton  and  Third.  .  74.00 


Savannah  Avenue. 


Highland  avenue. 

Fillmore 

Jefferson 

Woodson 

Richardson 

Pendleton 

Middleton 

Third.. 


St,  Joseph  Avenue. 

Broadway  

Madison 

Monroe , 

Concord 

Sixth  avenue   . 


72.00 
75.00 
78.00 
72.50 
67.00 
72.00 
61.20 
64.30 


72.00 
70.50 
69.00 
67.20 

66.80 


Feet 

Hamburg  avenue 66.00 

Fifth  avenue 65.50 

Shady  avenue 64.60 

Street  between  blocks  2  and 

3,  Davis'  addition 64.00 

Street  between  blocks  1  and 

2,  Davis'  addition * 62 . 40 

Park 60.80 

North  line  of  St.  Joseph  Ex- 
tension addition 60.00 

Highland  avenue 52.00 

Fillmore 57.00 

Half  way  between    Fillmore 

and  Jefferson 58.50 

Jefferson 55 .50 

Woodson 48.75 

Richardson 50.50 

Pendleton 53.00 

Middletou 49 . 50 

Albemarle 46.00 

Buchanan  Avenue. 

Landis 86.00 

Hull 94.00 

200  east  of  Hull 99.00 

East  line  of  Landis  and  Hull's 

addition 104.00 

Ashland  Avenue. 

East  city  limits 196.00 

Osage 190.00 

Delaware 198.00 

Folsom 208.00 

State 198.00 

Frederick  avenue 191 .00 

Garfield  Avenue. 

900  feet  southeast   of  Elev- 
enth street 42.00 

1140  feet  southeast  of  Elev- 
enth street 49.00 

1400  feet  southeast  of  Elev- 
enth street 48 . 00 

Sixteenth 43.00 

Commercial 42 . 50 

South  line  of  right  of  way  of 

C.  R.  I.  &  P.  R.  R  .  38.00 


428 


GENERAL  ORDINANCES. 


Feet 
160  feet  west  of  Eighteenth 

street,  north 38.75 

West  line  of  Connett  Place. .     54.00 
80  feet  west  of  Twenty-first.     54.50 

Alleys. 

Between  Third  and  Fourth 
streets,  block  38, St.  Joseph 
Extension  addition,  north 
line  St.  Joseph  Extension 
addition 156.00 

Between  Third  and  Fourth 
streets,  block  42,  Original 
Town,  90  feet  north  of 
Francis 57.50 

Between  Fourth  and  Fifth 
streets,  block  49,  Original 
Town, 88  feet  south  of  Jules  72.50 

110  feet  south  of  Jules 72 . 00 

Between  Fourth  and  Fifth 
streets,  block  47,  Original 
Town,  100  feet  north  of 
Faraon 111.00 

Between  Sixth  and  Seventh 
streets,block  16,  St.  Joseph 
Improvement  addition,  in- 
tersection of  alleys  in  said 
block 79.00 

Between  Sixth  and  Seventh 
streets,  Ege's  addition, 
north  line  of  lot  21 141 .50 

Between  Eighth  and  Ninth 
streets,  block  19,  Smith's 
addition,  120  feet  north  of 
Faraon 110 . 00 

Between  Eighth  and  Ninth 
streets,  block  21,  Smith's 
addition,  intersection  of 
alleys 66.00 

Between  Ninth  and  Tentli 
streets,  Snyder's  tract,  186 
feet  north  of  Robidoux. .  .  119.00 


Feet 

140  feet  north  of  Robidoux.     120.00 

70  feet  north  of  Robidoux  . .  121.75 

Between  Ninth  and  Tenth 
streets,  block  33,  Smith's 
addition,  half  way  be- 
tween Felix  and  Francis.  62.50 

Between  Eleventh  and 
Twelfth  streets,  Fink's  ad- 
dition, intersection  of  al- 
leys in  said  block 106 . 00 

Between  Eleventh  and 
Twelfth  streets,  block  57, 
Smith's  addition,  180  feet 
south  of  Angelique 140.00 

Between  Lafayette  and  Sen- 
eca streets,  block  11, 
Wyatt  Park  addition,  175 
feet  west  of  Twenty- 
seventh  110.00 

Between  Lafayette  and  Sen- 
eca streets,  block  1 2 , 
Wyatt  Park  addition,  300 
feet  west  of  Twenty- 
eighth 138.00 

Between  Olive  and  Lafay- 
ette streets,  block  9,  Wyatt 
Park  addition,  375  feet 
east  of  Twenty-seventh  or 
225  feet  west  of  Twenty- 
eighth  :...  129.00 

100  feet  west  of  Twenty- 
eighth  142.50 

Between  Penn  street  and 
Mitchell  avenue,  block  15, 
Wyatt  Park  addition,  175 
feet  west  of  Twenty-sev- 
enth   131.00 

Between  Eighteenth  and 
Nineteenth  streets, 195  feet 

south  of  Penn 69.00 

[G.  O.  No.  546,  Sec.  2. 


GRADING,  IMPROVEMENT  AND  REPAIR  OF  STREETS.        429 


ARTICLE  III. 

GRADING,  IMPROVEMENT  AND  REPAIR  OF  STREETS. 

SECTION  SECTION 

1.  Grading,  how  performed.  6.    Crossgutters,  how  and  of  what  to 

2.  Curbing,  shall  consist  of  what.  be  made. 

3.  Guttering,  to  be  done  in  what  man-  7.    Crosswalks  shall  conform  to  speci- 

ner.  flcations. 

4.  City  engineer  to  contract  for  costs,  8.    Crosswalk,  how    and    what   to  bo 

how  paid.  made  of. 

5.  Macadamizing,  to  be  done  in  what  9.    First-class  crossings,  how  let. 

manner.  10.    Repair  of  streets. 

SECTION  1.  Grading,  how  performed. — Whenever 
the  mayor  and  common  council  shall,  by  ordinance,  direct  any 
street,  avenue  or  alley  to  be  prepared  for  the  macadamizing, 
curbing  and  guttering,  those  portions  above  grade  shall  be 
excavated,  and  those  below  grade  shall  be  tilled  up,  under  the 
direction  and  supervision  of  the  city  engineer,  until  the  desired 
grade  is  obtained.  All  excess  of  material  in  any  street  shall 
be  deposited  in  such  places  as  the  cicy  engineer  may  direct. 
The  roadway  shall  be  so  shaped  and  rounded,  and  the  side- 
walks brought  to  such  grade  and  width,  as  will  be  indicated 
by  the  stakes  set  and  the  instructions  given  by  the  city 
engineer  for  that  purpose.  The  grading  of  each  block  shall  b<j 
fully  completed  before  any  macadamizing  is  laid  on,  and  no 
stones  shall  be  broken  on  the  streets  under  contract,  unless 
the  city  engineer  shall  give  his  permission,  in  writing,  to  that 
effect.  [72.  O.  1888,  Chap.  38,  Sec.  1. 

SEC.  2.  Curbing  shall  consist  of  what. — The  mate 
rial  for  the  curbing  shall  consist  of  the  best  quality  of  artificial 
stone,  lime  or  sandstone,  free  from  seams,  clay  or  shale,  and 
perfectly  sound  in  every  respect.  No  stone  shall  be  less  than 
twenty-four  inches  deep  and  thirty-inches  long,  and  the  top, 
after  being  dressed,  shall  be  at  least  five  inches  thick.  The 
whole  face  and  top  shall  be  hammered,  sawn  or  dressed,  and 
the  back,  for  a  space  of  four  inches  below  the  top,  shall  be 
brought  to  a  uniform  surface,  so  as  to  fit  closely  to  a  brick  or 


430  GENERAL  ORDINANCES. 

stone  sidewalk.  The  plane  of  the  top  shall  make,  with  the 
face,  an  angle  of  102  degrees,  to  be  varied  as  the  city  engineer 
may  direct,  and  the  top  shall  be  set  so  that  it  shall  correspond 
to  the  plane  of  the  sidewalk  paving.  No  stone  shall  be  less 
than  five  inches  thick  at  the  base;  the  joints  shall  be  truly 
vertical,  and  s-o  dressed  as  not  to  show  an  opening  exceeding 
half  an  inch  anywhere  above  the  guttering.  [7?.  0.  1888, 
Chap.  38,  Sec.  2.  Amended  G.  0.  No.  300. 

SEC.  3.     Guttering,  to  be  done  in  what  manner. 

—The  material  used  for  the  guttering  shall  consist  of  either 
limestone  fully  as  good  as  that  used  for  curbing,  or  hard  burned 
vitrified  brick,  as  the  common  council  may  direct  ;  if  limestone 
be  used,  the  stone  shall  be  hammer  dressed  on  its  entire  upper- 
surface,  and  so  dressed  and  shaped  at  the  curb  side  as  to  fit 
closely  thereto  throughout  its  entire  thickness  ;  the  joints  shall 
be  correctly  at  right  angles  to  the  line  of  the  curb,  and  shall 
be  so  dressed  that  no  opening  shall  exceed  half  an  inch  ;  the 
gutter  stones  shall  break  joints  with  the  curb  stones,  and  the 
gutter  shall  not  be  less  than  three  and  one  half  feet  wide  ;  no 
stone  shall  be  less  than  eight  inches  long,  six  inches  wide  and 
nine  inches  thick  ;  the  side  of  the  guttering  next  to  the  macad- 
amizing shall  be  brought  to  a  true  line  and  elevated  five  inches 
higher  than  the  curb  side,  unless  the  city  engineer  shall  other- 
wise direct.  The  gutter  stones  shall  be  set  on  a  base  of  not 
less  than  four  inches  of  sand,  and  all  intersections  shall  be 
thoroughly  filled  with  clean  sand,  swept  in  and  rammed  down. 
If  brick  be  used,  the  brick  shall  be  hard  burned  vitrified  brick 
two  inches  by  four  inches  by  eight  inches  in  size,  laid  in  two 
courses  in  clean  sharp  sand  in  the  same  manner  as  required 
for  street  pavement,  or  of  the  same  quality  of  brick  made  in 
special  shapes  and  sizes  for  this  purpose  as  niay  be  determined 
from  time  to  time  by  the  city  engineer.  The  side  gutter  shall 
be  -not  less  than  three  and  one  half  feet  wide,  and  the  side 
next  to  the  macadamizing  shall  be  brought  to  a  true  line  and 
elevated  at  such  height  above  the  curb  side  as  the  engineer 


GRADING,  IMPROVEMENT  AND  REPAIR  OF  STREETS.        431 

may  direct.  The  cross  gutters  shall  be  of  such  shape  and 
dimensions  as  may  be  ordered  by  the  city  engineer.  [JK.  O. 
1888,  Chap.  38,  Sec.  3.  Amended  G.  O.  No.  03£. 

SEC.  4.  City  engineer  to  contract  for  costs — how 
paid. — Whenever  the  common  council  shall,  by  ordinance, 
direct  any  street,  alley  or  avenue  to  be  macadamized,  paved  or 
otherwise  improved,  the  city  engineer  shall,  without  unneces- 
sary delay,  let  and  contract  for,  in  the  usual  manner,  the 
improvement  of  such  street,  alley  or  avenue,  and  the  costs 
thereof  shall  be  assessed  and  collected  In  accordance  with  the 
provisions  of  the  charter  of  [the  general  law  governing]  the 
city.  Said  engineer  shall  also  cause  said  street,  alley  or  avenue 
to  be  prepared  (by  contract  or  otherwise,  as  may  be  directed 
by  the  common  council)  for  such  macadamizing,  paving  or 
other  improvement.  [R.  0.  1888,  Chap.  38,  Sec.  4. 

SEC.  5.  Macadamizing,  to  be  done  in  what  man- 
ner.— Before  macadamizing,  the  road  bed  shall  be  thoroughly 
settled,  so  as  to  have  a  compact  and  uniform  surface,  and  the 
macadamizing  shall  not  be  commenced  until  the  city  engineer 
has  approved  of  the  road  bed.  The  material  for  macadamizing 
shall  consist  of  clean,  sound  limestone,  broken  to  a  size  suffi- 
ciently small  that  each  stone  may  pass  through  a  ring  four 
inches  in  diameter,  to  be  at  least  six  inches  in  depth  next  to 
the  guttering,  and  to  be  gradually  increased  to  the  depth  of 
ten  inches  in  the  center  of  the  roadway  ;  the  rock  to  be  laid 
as  close  and  compact  as  possible.  Second:  A  layer  of  sound 
lime  stone  rock,  broken  as  near  as  possible  to  a  size  so  as  to 
pass  through  a  ring  of  one  and  one  half  inches  in  diameter, 
shall  be  laid  over  said  rock  to  a  depth  of  five  inches  next  to 
the  guttering,  and  to  be  increased  to  a  depth  of  eight  inches  in 
the  center  ;  the  layer  of  rock  constituting  the  roadway,  as 
above  described,  and  the  layer  of  broken  stone  placed  over  it, 
shall,  when  completed,  describe  as  near  as  may  be  the  seg- 
ment of  a  circle  in  its  upper  surface,  having  a  depth  of  eleven 
inches  at  the  guttering  and  a  depth  of  eighteen  inches  in  the 


432  GENERAL  ORDINANCES. 

center  of  roadway  ;  and  as  each  block  is  finished,  it  shall  be 
topdressed  with  one  inch  in  depth  of  bluff,  thoroughly  rolled. 
The  whole  shall  be  executed  under  the  supervision  and  agree- 
ably to  the  city  engineer,  to  whom  the  right  is  reserved  of 
making,  in  the  foregoing  specifications,  any  alterations  that  to 
him  may  seem  expedient  or  necessary.  [R.  O.  1888,  Chap. 
38, -Sec.  5. 

SEC.  6.  Crossgutters,  how  and  of  what  to  be 
made. — Crossguitera  which  may  hereafter  be  constructed  in 
the  streets,  alleys  or  highways  of  the  city  of  St.  Joseph,  shall 
be  constructed  of  the  materials  and  laid  in  the  manner  pro- 
vided in  the  one  of  three  sets  of  specifications  following,  as 
the  common  council  may  at  the  time  direct: 

A.  Shall  consist  of  paving  stone  as  prescribed  in  section 
three,  of  this  article,  and  laid  as  therein  provided. 

B.  Shall  consist  of   two   courses  of   hard  burned  brick, 
suitable  for  street  paving,  and  laid  in  sand,  in  the  manner  pre- 
scribed for  street  paving  with  brick. 

C.  Shall  consist  of  a   course  of  hard  burned  brick,   suit- 
able for  street  paving,  laid  in    sand    upon  a   bottom   course  of 
broken  stone  filled  with  sand. 

All  gutters  across  streets  shall  be  no  more  than  eight 
inches  in  depth,  with  a  sufficient  surface  at  the  bottom  to  carry 
the  water  off  the  street,  and  shall  be  gradually  widened  to  the 
top,  so  as  not  to  incommode  the  use  of  vehicles. 

The  details  of  work  under  specifications  A,  B  and  C, 
above 'mentioned,  shall  strictly  conform  to  those  set  forth  in 
like  lettered  specifications  in  section  eight  of  this  article, 
excepting  only  as  to  the  conformation  and  finished  surface  of 
the  work.  [JR.  O.  1888,  Chap.  38,  Sec.  6.  Amended  G.  O. 
No.  3%%. 

SEC.  7.  Crosswalks  shall  conform  to  specifica- 
tions.— All  crosswalks  hereafter  to  be  laid  and  constructed  in 
the  city  of  St.  Joseph,  shall  conform  to  the  one  of  the  four 


GRADING,  IMPROVEMENT  AND  REPAIR  OF  STREETS.        433 

sets  of  specifications  following,  as  the  common  council  may 
direct.  [#.  0.  No.  319,  Sec,  1. 

SEC.  8      Crosswalks,  how  and  what  to  be  made 

of. — Crosswalks  shall  consist  of  the  materials  named  in  the 
four  following  specifications,  A,  B,  C  and  D,  and  laid  and  con- 
structed as  therein  set  forth  respectively  : 

A.  Shall  consist  of  stone  flagging  and  paving  stone  laid 
in  sand  as  follows  ;  two  parallel  rows  of  flagging  placed  end 
to  end  across   the  street  from  curb  to  curb,  and  separated  by 
two  rows  of  paving  stones  ;  there  shall  also  be  placed  a  single 
row   of  paving  stones  along  the  outer  edge  of  each  row  of 
flagging;  the  flagging  shall  be  of  sound  limestone, .laid  upon 
its  natural  bed,  the  flags  to  be  hammer  dressed  or  sawn  upon 
the  entire  upper  surface,  ends  and  edges,  not  less  than  thirty- 
six  inches  long,  eighteen  inches  wide  and  eight  inches  thick, 
the   width   to   be  practically  uniform   for   each  row   of    flags 
throughout  its  length.     The  paving  stone  shall  conform  strictly 
to  the  requirements  of  section  three  of  this  article  for  guttering 
stone  ;  the  whole  shall  be  laid  upon  a  bed  of  not  less  than  four 
inches  of  coarse  sand,  and  all  interstices  filled  with  coarse  sand 
swept  in,  and  the  stones  and  flags  rammed  down  thoroughly, 
so  that   the    finished    surface    of  the    crosswalks  shall    be   as 
follows:  the  center  line  of   the   crosswalks  shall  remain   one 
inch  and  one  half  above  the  finished  surface  of  the  macadam 
or  graded  roadway,  the  outer  edge  of  each  row  of  flags  shall 
be  one  half  inch  above  the  macadam  or  graded  roadway,  and 
the  outer  row  of  paving  stone  shall  be  so  dressed  that  its  outer 
edge  shall  be  one-quarter  of  an   inch   above  the  macadam   or 
graded  roadway  ;  towards  the   ends   of    the  crosswalks    they 
shall  conform  to  the  surface  of  the  gutter. 

B.  Shall  consist  of  hard  burned  brick  of  suitable  quality 
for  street  paving,  laid  in  sand  as  follows  ;  first  the  foundation 
shall  be  graded  to  the  proper  depth,  and  thoroughly  rammed 
if  deemed  necessary  by  the  city  engineer,  then  covered  with 
at  least  four  inches  of  coarse  sand  ;  upon  this  shall  be  laid  one 

32 


434  GENERAL  ORDINANCES. 

course  of  brick  upon  the  flat  side,  corresponding  in  direction 
with  the  length  of  the  street ;  the  joints  of  this  layer  shall  be 
filled  with  sand  and  thoroughly  swept  in,  upon  this  shall  be 
spread  a  layer  of  coarse  sand  at  least  one  inch  thick,  upon 
which  shall  be  laid  the  top  course  of  brick  upon  edge,  and  at 
right  angles  to  the  street ;  the  joints  of  this  course  shall  be 
then  filled  with  sand  thoroughly  swept  in,  after  which  the 
whole  shall  be  thoroughly  rammed  with  a  heavy  rammer, 
striking  upon  a  board,  and  then  covered  with  one-half  inch  of 
sand.  Brick  crosswalks  shall  be  five  feet  wide  as  near  as  may 
be,  including  two  white  or  burr  oak  barge  boards,  three  inches 
thick,  one  on  each  side  of  the  brick  work,  extending  from  curb 
to  curb  or-  from  gutter  to  gutter.  The  work  shall  be  so  laid  to 
conform,  after  ramming,  to  the  surface  of  the  street  as  follows  : 
The  center  line  of  crosswalks  shall  be  one  and  one-half  inches 
above  the  adjacent  macadam  or  graded  roadway,  and  the  outer 
edge  of  each  barge  board,  after  being  beveled  three-eighths  of 
an  inch,  shall  conform  to  the  surface  of  the  macadam  or  graded 
roadway. 

C.  Crosswalks  may  be  of  hard  burned  brick  suitable  for 
roadway  paving  laid  in  sand,  on  a  broken  stone  base  as  fol- 
lows: the  sub-grade  shall  be  excavated  to  the  proper  depth  and 
thoroughly  rammed  if  deemed  necessary  by  the  engineer.  On 
the  sub-grade  shall  be  laid  a  six  inch  course  of  stone  broken 
to  pass  a  four  inch  ring,  the  interstices  filled  with  coarse  sand; 
on  this  shall  be  placed  a  two  inch  course  of  stone  broken  to 
pass  through  a  one  and  one-half  inch  ring,  and  the  interstices 
filled  with  coarse  sand;  upon  this  shall  be  spread  a  layer  of 
sand  one  and  one-half  inches  thick  and  on  this  layer  of  sand  a 
course  of  brick  on  edge,  laid  at  right  angles  to  the  direction  of 
the  street,  the  joints  to  be  filled  with  coarse  sand  thoroughly 
swept  in;  the  whole  walk  shall  then  be  thoroughly  rammed 
with  a  heavy  rammer  striking  a  plank  and  covered  with  one- 
half  inch  layer  of  sand.  The  walk  shall  be  five  feet  wide 
including  the  barge  boards  of  the  kind  described  in  specifica- 
tion UB"  above  and  laid  as  therein  required;  the  surface  of 


GRADING,  IMPROVEMENT  AND  REPAIR  OF  STREETS.        435 

the  crosswalks  shall  conform  as  that  described  in  specification 
"B"  above.  Whenever  a  crosswalk  and  crossgutter  adjoins, 
then  one  of  the  barge  boards  prescribed  for  crosswalk  shall  be 
omitted. 

D.  Wooden  or  second-class  crosswalks  shall  be  con- 
structed of  four  courses  of  two  by  eight  inch  white  or  burr  oak 
plank  extending  from  sidewalk  line  to  sidewalk  line  and  sup- 
ported on  two  by  eight  inch  cross  plank  or  sleepers  of  same 
material.  The  cross  pieces  shall  have  two  of  the  corners 
suitably  beveled  off  so  that  the  two  inside  planks  shall  lay 
horizontal  and  the  two  outside  planks  on  a  bevel  to  allow  of 
the  easy  crossing  of  vehicles  The  sleepers  shall  be  placed 
every  four  feet  across  the  length  of  the  crosswalk.  The  cross- 
walks shall  so  conform  to  the  actual  lay  of  the  roadway  as  to 
cause  as  little  grading  as  possible.  \_G.  0.  No.  319,  Sec.  2. 

SEC.  9.     First-class  crossings  ;  contract,  how  let. 

— The  city  engineer  is  hereby  instructed  when  ordered  to  con- 
struct first-class  crossings  on  streets,  to  advertise  for  bids  for 
the  doing  of  said  work,  the  contract  for  the  doing  of  the  work 
named  to  be  let  the  same  as  contracts  for  other  public  work 
are  let.  [G.  0.  No.  214,  Sec.  1. 

SEC.  10.  Repair  of  streets. — Whenever  the  mayor 
and  common  council  shall,  by  ordinance,  direct  the  macada- 
mizing, curbing,  guttering  or  paving  upon  any  street,  alley  or 
avenue  in  said  city  to  be  repaired,  or  the  re-macadamizing, 
re-curbing,  re-guttering,  re-paving  or  other  improvements  of 
said  streets,  alleys  or  avenues,  or  the  pavement  upon  any 
sidewalk  upon  any  street,  alley  or  avenue  in  said  city  to-be 
repaired,  re-paved  or  otherwise  improved,  the  city  engineer 
shall  without  any  unnecessary  delay,  let  and  contract  for  in 
the  usual  manner,  according  to  the  laws  and  ordinances  of 
said  city,  the  work  and  improvements  so  directed  and  ordered 
by  the  mayor  and  council,  and  the  costs  thereof,  shall  be 
assessed  and  collected  in  accordance  with  the  city  charter 
[laws  governing  the  city].  \_R.  O.  1888,  Chap.  72,  Sec.  9. 


436  GENERAL  ORDINANCES. 


ARTICLE  IY. 

EXCAVATING  IN  STREETS. 

SECTION  SECTION 

1.  Excavations,   permit   for  —  regula-  6.    Penalty  for  violation  of  foregoing 

tion  of.  section. 

2.  Applicant  for  permit  must  file  bond.  7.    Excavations  shall  be  guarded,  how ; 

3.  Permit' must  be  kept  on  the  work ;  red  lights  to  be  maintained. 

returned,  when.    Plat  or  plan  of  8.    Not  to  effect  ordinance  governing 
work  to  be  submitted,  when.  sewer  work. 

4.  Fees  for  permits.  9.    Permits   for    hitching    posts    and 

5.  Application  shall  state  when  work  shade  trees. 

to  be  commenced— work  treated 
as  defective,  when. 

SECTION  1.     Excavations — permit  for — regulation 

of. — No  person,  partnership,  corporation  or  association,  includ- 
ing corporations  or  other  persons  possessing  franchises  under 
the  city  of  St.  Joseph,  authorizing  the  laying  of  tracks,  the 
setting  of  poles,  the  laying  of  conduits,  pipes  or  mains  or 
service  pipes  connecting  therewith  in  the  streets,  alleys  or 
public  places  of  this  city,  shall  disturb  the  surface,  take  up  any 
sidewalk,  roadway  paving  or  any  part  thereof,  in  any  street, 
alley  or  public  place,  nor  shall  dig  or  make  any  excavation, 
hole,  ditch  or  trench  in  or  under  any  street,  alley  or  other 
public  place  in  said  city  or  remove  therefrom  any  sod,  earth  or 
other  substance  without  a  written  or  printed  permit  so  to  do 
from  the  city  engineer  of  said  city.  The  permit  herein  required 
shall  be  issued  only  upon  the  written  request  of  the  applicant 
or  his  agent,  or  in  case  of  corporations  some  officer  thereof,  and 
in  which  request  the  applicant  shall  agree  to  save  the  city  of 
St..  Joseph  harmless  from  all  damages  which  may  accrue  to  any 
person  or  property  by  reason  of  such  disturbance,  digging, 
excavating  or  interfering  with  the  natural  surface,  or  with  the 
sidewalk  or  roadway  pavement,  or  by  reason  of  any  failure  to 
replace  the  same  in  safe  and  secure  condition,  and  said  appli- 
cant shall  further  agree  to  replace  all  material,  and  any  pave- 
ment or  other  improvement  removed  or  disturbed,  in  as  good 
condition  as  before  and  in  the  manner  which  shall  be  prescribed 


EXCAVATING  IN  STREETS.  437 

by  the  city  engineer,  and  that  in  case  any  material,  paving  or 
other  improvement  removed  or  disturbed,  is  not  suitable,  in 
the  judgment  of  the  city  engineer,  to  be  used  again  in  the  back 
tilling,  repaving  or  replacing  of  any  improvement,  such  material, 
paving  or  other  improvement  shall  be  at  once  removed  and 
other  of  approved  nature  and  quality  provided  in  its  place. 
And  it  shall  be  a  further  condition  of  any  permit  issued  here- 
under,  that  said  applicant  or  his  securities  on  the  bond  herein 
prescribed,  shall  make  good  within  forty-eight  hours  after 
notice,  oral  or  written,  from  the  city  engineer  or  police  officer, 
any  repairs  to  any  opening,  excavation,  hole,  trench  or  ditch, 
the  backfilling  therein  or  thereover,  or  the  sidewalk  or  roadway 
thereover  or  thereabouts,  and  it  shall  be  deemed  sufficient  for 
such  notice  to  only  declare  that  the  street,  alley  or  other  public 
place  is  out  of  repair  at  the  location  specified  in  the  permit  and 
by  reason  of  the  work  done  in  pursuance  of  the  same,  and  upon 
such  notice,  the  applicant  shall  with  all  reasonable  speed,  place 
suitable  barricades  and  signals  at  the  locality  and  maintain  the 
same  until  the  work  of  repair  is  completed,  and  that  upon  the 
failure  of  said  applicant  or  his  securities  upon  the  bond  herein- 
after prescribed  to  so  place  such  barricades  and  signals,  or  in 
case  said  applicant  cannot  be  speedily  found,  the  city  may 
proceed  to  place  such  barricades  and  signals  and  make  such 
repairs  as  the  agent  simply  of  said  applicant,  and  said  applicant 
shall  within  ten  days  thereafter  make  good  to  said  city  all  costs 
for  labor,  material  and  superintendence.  And  the  failure  of 
the  city  engineer  or  police  officer  to  notify  said  applicant  or 
his  bondsmen,  shall  not  in  any  sense  relieve  them  from  their 
liability  over  to  said  city  for  any  damage  to  person  or  property 
which  may  accrue  to  said  city,  and  which  would  not  have  so 
accrued  if  said  digging,  excavation,  hole,  trench  or  ditch  or 
disturbance  had  not  been  made.  [G.  O.  No.  369,  Sec.  1. 

SEC.  2.     Applicant  for  permit  must  file  bond.— 

The  application  of  any  individual,  individuals  or  incorporated 
association,  must  bear  the  endorsement  of  the  comptroller  of 


438  GENERAL  ORDINANCES. 

the  city  of  St.  Joseph  that  a  bond  in  the  sum  of  five  hundred 
dollars,  approved  by  said  comptroller,  has  been  filed  in  his 
office  as  security  that  said  applicant  will  well  and  truly  perform 
and  comply  with  each,  every  and  all  the  condition?  of  the 
permit  issued  to  him  or  them  and  prescribed  in  this  ordinance: 
Provided,  that  any  licensed  plumber  may  file  with  the  city 
comptroller  a  bond  in  the  penal  sum  of  two  thousand  dollarj, 
with  at  least  two  securities,  to  be  approved  by  said  city  comp- 
troller, conditioned  in  every  respect  as  the  bond  of  five  hun- 
dred dollars  in  said  ordinance  mentioned,  which  said  bond  of 
t\\o  thousand  dollars  shall  be  held  as  indemnity  by  said  city  to 
apply  to  and  cover  all  permits  issued  to  such  licensed  plumber, 
and  upon  the  filing  of  such  bond  by  any  licensed  plumber,  the 
comptroller's  certificate,  as  hereinbefore  provided  for,  shall 
not  be  required  of  such  licensed  plumber,  but  he  shall  make 
application  for  the  permit  and  pay  for  the  same  for  each  open- 
ing of  a  street  or  other  work  in  the  same  manner  as  is  provided 
for  all  other  persons  in  this  ordinance.  \_G.  0.  No.  369,  Sec. 
%.  Amended  G.  O.  No.  381. 

SEC.  3.  Permit  must  be  kept  on  the  work; 
returned,  when—  plat  or  plan  of  work  to  be  sub- 
mitted, when. — The  city  engineer  shall  preserve  in  his 
office  all  applications  made,  and  all  permits  issued  shall  be 
detached  from  the  stubs,  which  shall  at  the  time  of  issue  be 
filled  out  in  full  as  the  permit  itself,  and  be  bound  in  books, 
and  said  stub  books  preserved  in  his  office.  Such  permit  and 
stub  shall  be  regularly  numbered  in  the  order  issued,  and  such 
permit  must  be  kept  upon  the  work  and  exhibited  to  any  police 
officer  or  inspector  asking  for  the  same,  and  although  a  permit 
may  have  been  issued,  if  not  kept  constantly  upon  the  work, 
such  work  shall  be  deemed  as  done  without  a  permit.  Upon 
the  completion  of  the  work  the  permit  shall  be  returned  to  the 
city  engineer's  office  endorsed  with  the  name  of  the  plumber, 
mechanic  or  foreman  performing  the  work  or  overseeing  the 
same,  and  upon  failure  so  to  do  the  city  engineer  may  refuse 


EXCAVATING  IN -STREETS.  439 

to  issue  any  future  permits  to  the  applicant  or  for  work  to  be 
done  or  overseen  by  said  plumber,  mechanic  or  foreman.  The 
city  engineer  may  require  that  a  plat  or  plan  of  the  work  antici- 
pated shall  be  submitted,  and  if  not  so  submitted,  or  if  for 
good  reasons  not  meeting  his  approval  (which  reasons  shall  be 
endorsed  upon  said  plans),  may  withhold  his  permit.  All  plans 
submitted  may  be  required  by  the  city  engineer  to  be  upon  a 
certain  convenient  scale  and  of  a  material  suitable  for  binding; 
and  all  plans,  both  approved  and  unapproved,  shall  be  pre- 
served by  said  engineer  in  his  office.  [6r.  0.  No.  369,  Sec.  3. 

SEC.  4.  Fees  for  permits. — No  permit  shall  be  issued 
unless  the  applicant  shall  at  the  time  pay  the  city  engineer  the 
sum  of  one  dollar  therefor  :  Provided,  that  for  permits  issued 
for  repairs  to  sewers,  drains,  gas  or  water  pipes  no  charge 
shall  be  made.  All  money  received  by  the  city  engineer  for 
such  permits  shall  be  paid  into  the  city  treasury  monthly,  at 
which  time  he  shall  file  with  the  city  auditor  a  statement  in 
writing  of  the  sums  received  for  the  preceding  month,  giving 
the  date  when,  and  name  of  person  from  whom  received,  and 
shall  take  triplicate  receipts  for  said  money,  one  of  which  shall 
be  filed  with  the  city  comptroller,  one  with  the  auditor  and  the 
other  he  shall  retain.  [G.  0.  No.  369,  Sec.  4.  Amended  G. 
O.  No.  475. 

SEC.  5.  Application  shall  state  when  work  to 
be  commenced,  work  treated  as  defective,  when.— 

All  applications  shall  state  upon  the  face  the  time  at  which 
work  under  the  permit  is  intended  to  be  commenced  and  said 
permit  shall  not  take  effect  until  such  time  so  stated,  in  order 
that  an  inspector  may  be  on  the  ground  to  see  that  the  work  is 
properly  done  ;  and  should  work  not  be  commenced  at  the 
time  set,  the  facts  shall  be  reported  at  once  to  said  engineer 
and  another  time  appointed  for  doing  the  same  ;  and  any  work 
done  without  notice  to  the  city  engineer  as  aforesaid  or  with- 
out inspection  by  some  one  duly  authorized  by  him,  shall  be 
treated  as  defective  work,  and  the  engineer  may  require  the 


440  GENERAL  ORDINANCES. 

same  to  be  uncovered,  and  if  need  be,  reconstructed  at  the 
expense  of  the  applicant,  or  party  to  whom  the  permit  was 
issued.  [G.  O.  No.  369,  Sec.  5. 

SEC.  6.  Penalty  for  violation  of  foregoing  sec- 
tions.— Any  person  who  shall  violate  any  of  the  provisions  of 
the  foregoing  sections  of  this  ordinance,  shall,  for  each  offense, 
forfeit  and  pay  to  the  city  of  St.  Joseph,  a  penalty  of  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars. 
[G.  O.  No.  369,  Sec.  6. 

SEC.  7.     Excavations  shall  be  guarded,  how— red 

lights  to  be  maintained. — Every  person  who  shall  make 
any  excavation  in  any  street,  alley  or  other  public  place  in 
said  city,  shall  cause  the  same,  together  with  the  material 
taken  therefrom  or  to  be  used  therein,  to  be  so  guarded  and 
protected  by  day  and  night  as  to  be  secure  against  danger  to 
life  or  limb  and  designated  by  red  signal  lights  as  follows: 
All  excavations,  however  small,  together  with  the  material 
taken  therefrom  or  to  be  used  therein,  must  be  designated  by 
at  least  one  red  light,  and  when  the  excavation  or  material  is 
made  or  placed  across  the  direction  of  travel,  a  red  light  shall 
be  placed  at  each  end  of  the  same,  if  as  much  as  eight  feet  in 
length,  and  if  exceeding  sixteen  feet  in  length  an  intermediate 
light  shall  be  placed  between  the  two  end  lights  and  an  addi- 
tional intermediate  light  shall  be  placed  for  each  eight  feet  of 
additional  length  of  excavation  or  material,  and  when  the 
excavation  or  material  is  made  or  placed  in  the  direction  of 
travel,  a  red  light  shall  be  placed  at  each  end  of  the  same, 
when  as  much  as  twenty  feet  and  less  than  fifty  feet  in  length, 
and  when  exceeding  fifty  feet  in  length,  one  intermediate 
light  shall  be  placed  for  each  additional  fifty  feet  or  fraction 
thereof,  and  all  red  lights  shall  be  lighted  at  sundown  and 
maintained  in  position  and  kept  burning  till  sunrise.  And 
upon  the  failure  of  said  person  so  to  do,  he  shall  be  subject  to 
a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars  for  each  and  every  offense,  and  every  hour 


OBSTRUCTION  OF  STREETS,  SIDEWALKS,  ETC.  441 

the  same  shall  be  left  ungarded  or  insecurely  guarded  shall  be 
deemed  a  new  and  distinct  offense.  [G.  O.  No.  369,  Sec.  7. 

SEC.   8.     Not  to  effect  ordinance  governing  sewer 

work. — The  passage  of  this  ordinance  shall  not  be  held  to 
affect  in  any  manner  chapter  LXX  sections  one  to  twenty-one 
inclusive,  which  are  hereby  declared  to  apply  and  affect  sewer 
work  only.  [G.  0.  No.  369,  Sec.  8. 

SEC.   9.     Permits   for  hitching  posts  and  shade 

trees. — The  city  engineer  upon  written  application  from  any 
property  owner,  is  hereby  authorized  and  directed  to  issue  a 
permit  without  fee  or  charge  of  any  kind  or  bond,  granting 
permission  to  such  person  for  the  taking  up  of  portions  of  any 
sidewalk  for  the  purpose  of  putting  in  a  hitching  post  or  posts 
or  setting  out  shade  trees,  said  work  to  be  done  under  the 
supervision  of  the  city  engineer.  [G.  0.  No.  4,16 ,  Sec.  1. 

ARTICLE  V. 

OBSTRUCTION  OF  STREETS,  SIDEWALKS,  ETC. 

SECTION  SECTION 

1.  Injury  to  pavements,  side  and  cross-  10.    Regulating,  windows     or     cellar 

walks.  doors  upon. 

2.  Excavations  to  be  guarded.  il.  To  be  cleared  of  snow,  ice,  etc. 

3.  Erection  of  buildings  upon,  penalty.  12.  Obstruction  of  crosswalks  proliib- 

4.  Obstruction  by  teams  and  vehicles.  ited. 

5.  What  posts  may  be  erected.  13.  Governing  water  pipes. 

6.  Awnings ;    how   erected    and    sup-  14.  Cellar  doors  and  vaults  to  be  closed 

ported.  15.    Vaults   under  sidewalks;  regula- 

7.  Obstruction  by  boxes,  etc.  tions  for  construction. 

8.  Obstruction  by  goods  and  wares.  16.    Same ;    penalty    for   construction 

9.  Obstruction  by  public  sales.  without  permit. 

SECTION  1.  Penalty  for  injuring  streets — pave- 
ments.— No  person  shall  injure  or  tear  up  any  pavement, 
side  or  crosswalk,  or  any  part  thereof,  dig  any  hole,  ditch  or 
drain  in,  or  dig  or  remove  any  sod,  stone,  earth,  sand  or  gravel 
from  any  street,  avenue,  alley  or  public  place  or  ground  in  this 
city,  without  having  first  obtained  from  the  city  engineer  writ- 
ten permission  ;  or  hinder  or  obstruct  the  making  or  repairing 
of  any  public  improvement  or  work  ordered  by  the  common 


442  GENERAL  ORDINANCES. 

council,  or  being  done  under  lawful  authority  for  the  city, 
under  a  penalty,  for  each  offense,  of  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars.  [JR.  O.  1888,  Chap.  72, 
Sec.  %. 

SEC.  2.  Excavations  to  be  guarded. — Any  person 
who  shall,  in  this  city,  dig  or  cause  to  be  dug,  any  excavation 
in  or  adjoining  any  street,  alley  or  avenue,  and  shall  not  cause 
the  same  to  be  so  guarded  and  protected  as  to  be  secure  against 
danger  to  life  and  limb,  shall  be  subject  to  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars 
for  every  such  offense,  and  to  a  like  fine  for  every  hour  the 
same  shall  be  so  left  unguarded.  [E.  0.  1888,  Chap.  72, 
Sec.  3. 

SEC.  3.  Putting  building  in  street. — No  person 
shall  erect  or  place  any  building,  in  whole  or  in  part,  upon  any 
street,  alley,  sidewalk  or  other  public  ground  within  this  city, 
under  a  penalty  of  fifty  dollars.  \_R.  0.  1888,  Chap.  72, 
Sec.  4- 

SEC.  4.  Movement  of  teams. — Whenever,  from  any 
cause,  any  street  or  alley  of  the  city  shall  be  obstructed  by  a 
press  of  teams  attached  to  vehicles  loaded  or  otherwise,  the 
mayor,  any  member  of  the  common  council,  police  officer  or 
street  commissioner  may  give  such  directions  in  regard  to  the 
removal  of  such  teams,  vehicles,  etc.,  as  in  the  opinion  of  such 
officer  may  be  required  by  the  public  convenience;  and  any 
person  or  persons  refusing  or  neglecting  to  obey  such  direc- 
tions, shall  forfeit  and  pay  a  sum  of  not  less  than  one  dollar 
nor  exceeding  twenty  dollars,  and  may  be  arrested  forthwith 
to  answer  for  such  refusal  or  neglect.  \_G.  0.  1880,  Chap. 
74,  Sec.  6. 

SEC.  5.  What  posts  may  be  erected. — No  sign  or 
other  posts,  except  telegraph  or  lamp  posts,  (or  awning  posts 
as  hereinafter  provided),  shall  be  erected  or  placed,  or  if  here- 
tofore erected  or  placed,  shall  be  permitted  to  remain-  in  or 
upon  any  sidewalk  or  street,  or  other  public  way,  under  a  pen- 


OBSTRUCTION  OF  STREETS,  SIDEWALKS,  ETC.  443 

alty  of  five  dollars,  and  a  like  penalty  for  every  day  such  post 
shall  be  allowed  to  remain  after  notice  to  the  owner  or  occu- 
pant of  the  premises  from  the  city  engineer  to  remove  the 
same;  but  nothing  herein  contained  shall  prevent  the  erection 
of  one  and  not  to  exceed  two  posts  in  front  of  each  building 
for  the  hitching  of  horses.  Every  such  post  so  erected  shall, 
if  of  wood,  be  not  less  than  four  inches  in  diameter  and  not 
to  exceed  four  feet  in  height,  and  placed  on  the  outer  edge  of 
the  sidewalk,  close  within  the  curb.  [R.  O.  1888,  Chap.  71, 
Art.  4,  Sec.  1. 

SEC.  6.  Awnings,  how  erected. — All  awnings  in  this 
city  shall  be  elevated  at  least  ten  feet  at  the  lowest  part 
thereof,  above  the  sidewalk,  and  securely  attached  to  the 
building  and  properly  supported,  without  posts,  by  iron  or 
other  metallic  fastenings  and  supports,  or  by  a  rail  placed  on 
iron  posts  erected  on  the  outer  edge  of  the  sidewalk  close 
within  the  curb.  Said  posts  shall  be  erected  only  under  the 
direction  of  the  city  engineer.  Any  person  who  shall  erect 
any  awning  contrary  to  the  provisions  hereof,  or  refuse  or 
neglect  forthwith  to  remove  any  awning  or  awning  posts  here- 
tofore or  hereafter  erected,  contrary  to  the  provisions  hereof, 
shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor  more 
than  twenty  dollars  for  every  offense,  and  to  a  like  fine  for 
every  day  he  shall  fail  to  comply  with  a  notice  after  a  lapse  of 
five  days  from  the  service  thereof  from  the  city  engineer  to 
remove  the  same.  [R.  O.  1888,  Chap.  71,  Art.  4,  Sec.  <2. 

SEC.  7.  Obstructions  by  boxes,  etc. — Any  person 
who  shall  in  this  city  suspend  or  put  up  any  sign,  sign  box  or 
other  fixture  which  shall  extend  over  or  upon  any  sidewalk 
more  than  fourteen  inches  from  the  inside  line  thereof,  or  who 
shall  place  Or  cause  to  be  placed  on  any  sidewalk  any  article 
whatever  so  as  to  obstruct  the  same,  shall  be  subject  to  a  fine 
of  not  less  than  three  dollars  nor  more  than  fifty  dollars  for 
each  offense,  and  a  like  fine  for  every  day  such  obstruction 
shall  be  permitted  to  remain  after  the  first  conviction:  Pro- 


444  GENERAL  ORDINANCES. 

vided,  that  the  occupants  of  buildings  on  streets  where  the 
sidewalks  are  eight  feet  or  more  in  width,  be  permitted  to 
occupy  two  feet  next  the  line  of  building  at  all  times  for  the 
display  of  goods,  so  placed  as  to  be  not  more  than  six  feet 
above  the  level  of  the  sidewalk;  but  no  owner  or  occupant  of 
any  lot  or  premises  shall  lease  the  space  aforesaid  or  permit 
the  same  to  be  used  or  occupied  except  for  his  or  their  own 
business;  nor  shall  such  space  be  used  for  selling  any  article 
or  thing  whatever:  Provided,  that  nothing  herein  contained 
shall  be  construed  to  prevent  the  erection  of  a  sign  over  the 
street,  such  sign  to  be  not  less  than  thirty  feet  above  the  street, 
not  more  than  four  feet  in  height  and  to  be  erected  in  a  safe 
and  secure  manner.  [E.  0.  1888,  Chap.  71,  Art.  4,  Sec.  3. 
Amended  G.  O.  No.  451. 

SEC.  8.  Same ;  receiving  goods,  etc. — No  person 
or  persons  receiving  or  delivering  goods,  wares  or  merchandise 
in  this  city,  shall  place  or  keep  upon,  or  suffer  to  be  placed  or 
kept  upon  any  sidewalk,  any  goods,  wares  or  merchandise 
which  he  or  they  may  be  receiving  or  delivering,  without  leav- 
ing a  passage  way  clear  upon  such  sidewalks  ;  such  passage 
shall  not  be  less  than  four  feet  wide,  for  the  use  of  persons 
passing  thereon;  and  no  person  or  persons  receiving  or  deliv- 
ering such  goods  shall  suffer  the  same  to  be  or  remain  on  such 
sidewalk  (subject  nevertheless  to  the  foregoing  restrictions), 
for  a  longer  time  than  six  hours;  and  any  person  or  persons 
violating  any  of  the  provisions  of  this  section,  shall  be  subject 
to  a  fine  of  not  less  than  three  dollars  nor  more  than  twenty 
dollars  for  every  such  offense.  [JR.  O.  1888,  Chap.  71,  Art. 
4,  Sec.  4- 

SEC.  9.  Collecting  crowd  by  sale. — Any  person  or 
persons,  whether  licensed  as  an  auctioneer  or  not,  who  shall 
sell  or  attempt  to  sell,  or  shall  cry  for  sale  at  public  auction  or 
otherwise,  in  this  city,  any  goods,  chattels  or  personal  property 
whatever,  to  any  person  or  persons,  upon  the  sidewalks  or 
streets  within  this  city,  so  as  to  collect  a  crowd  of  people  upon 


OBSTRUCTION  OF  STREETS,  SIDEWALKS,  ETC. 

said  sidewalks  and  streets,  whereby  the  free  passage  thereof  of 
any  person  or  persons  is  prevented  or  hindered,  shall  be  sub- 
ject to  a  tine  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars.  [£.  O.  1888,  Chap.  71,  Art.  4,  Sec.  5. 

SEC.  10.     Kegulations  for  cellar  door  or  window. 

—No  bay-window  or  other  window  shall  extend  into  any  side- 
walk more  than  fourteen  inches,  nor  shall  any  cellar  door  rise 
or  project  above  the  surface  of  the  sidewalk  more  than  one 
inch  at  the  outer  side,  nor  more  than  three  inches  near  the 
store  or  other  building,  nor  shall  the  hinges  thereof  or  any- 
thing connected  therewith  project  or  rise  above  the  door,  nor 
shall  any  staple,  lock  or  other  fastening  be  placed  on  the  upper 
side  thereof,  under  a  penalty  of  five  dollars  for  each  offense  to 
every  person  violating  any  provision  of  this  section,  and  the 
like  penalty  for  every  day  such  violation  shall  continue  after 
the  first  conviction.  [R.  O.  1888^  Chap.  71,  Art.  4,  $ec'  7- 

SEC.  11.  Sidewalks  to  be  kept  clear  of  snow, 
ice,  earth,  mud,  etc. — The  occupant  and  when  not  actually 
occupied,  the  owner  of  any  lot  or  parcel  of  ground  in  the  city 
of  St.  Joseph,  abutting  upon  or  lying  along  any  street,  and  in 
front  or  alongside  of  which  there  shall  be  constructed  any 
sidewalk  of  any  class,  shall  keep  such  sidewalk  in  front  or 
alongside  of  such  lot,  clear  of  snow,  ice,  earth  or  mud,  or 
other  obstructions  and  remove  any  earth  or  other  material  from 
any  bank  on"  the  border  of  such  sidewalk,  where  it  threatens 
or  appears  liable  to  fall  upon  any  such  sidewalk,  under  a 
penalty  of  five  dollars  for  each  day  any  such  obstruction  shall 
be  permitted  to  remain.  [G.  O.  No.  403,  Sec.  1. 

SEC.  12.     Crosswalks  not  to  be  obstructed. — All 

crosswalks  in  the  city  shall  be  kept  and  reserved  free  from  any 
sleighs,  wagons,  carts,  carriages,  drays  or  other  vehicles,  and 
horses  or  other  animals -being  placed  or  suffered  to  stand 
thereon,  except  so  far  as  may  be  necessary  in  crossing  the 
same,  and  the  owner  or  person  in  charge  of  any  sleigh,  wagon, 
cart,  carriage,  dray  or  other  vehicle,  or  horse  or  other  animal 


4:4:6  GENERAL  ORDINANCES. 

offending  herein,  shall  be  subject  to  a  fine  of  not  less  than  one 
dollar  nor  more  than  ten  dollars  for  each  offense.  [jR.  O. 
1888,  Chap.  71,  Art.  4,  Sec.  9. 

SEC.   13.     Pipes  must  not  throw  water  on  walk. 

— No  owner  or  occupant  of  any  building  in  this  city  shall 
cause  pipes  for  conducting  the  water  from  the  eaves  of  such 
building  to  be  so  constructed  as  to  cause  the  water  to  spread 
over  a  sidewalk,  under  a  penalty  of  not  less  than  three  dollars 
nor  more  than  fifty  dollars,  and  a  like  penalty  for  every  day 
the  same  shall  be  permitted  to  remain  after  the  first  conviction. 
[R.  0.  1888,  Chap.  71,  Art.  4,  Sec.  10. 

SEC.  14.     Cellar   door   must   not  be  open. — Any 

person  who  shall,  in  this  city,  keep  or  leave  open  any  cellar 
door  or  grating  or  other  covering  of  any  area  or  vault,  on  any 
sidewalk,  or  suffer  the  same  to  be  left  open  or  in  an  insecure 
condition,  or  who  shall  suffer  any  sidewalk  in  front  of  his 
premises  to  become  or  continue  to  be  so  broken  as  to  endanger 
life  or  limb,  shall  be  subject  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars.  [7?.  0.  1888, 
Chap.  71,  Art.  4,  Sec.  11. 

SEC.  15.     Vaults    under    sidewalk  —  regulations 

for  construction. — No  person  shall  construct  or  excavate 
for  the  construction  of  a  vault  or  in  any  manner  utilize  the 
space  under  any  sidewalk  in  this  city,  unless  a  written  permit 
therefor  shall  have  been  first  obtained  from  the  city  engineer, 
who  is  hereby  authorized  to  grant  such  permits,  subject  to  the 
following  regulations  :  First,  a  sufficient  stone  or  brick  wall 
shall  be  built  to  retain  the  roadway  of  the  street,  and  the  area 
divisions  and  party  walls  of  such  buildings  shall  be  extended 
under  the  sidewalk  to  such  retaining  wall  j  openings  in  such 
sidewalk  for  admission  of  coal  or  light  shall  be  covered  on  a 
level  with  the  surface  of  the  sidewalk  with  prismatic  lights  in 
iron  frames,  or  with  iron  covers  having  a  rough  surface  ;  and 
in  no  case  will  a  smooth  surface  be  tolerated  on  any  such  cover, 
nor  shall  a  ring  or  staple  be  attached  or  used  for  lifting  said 


OBSTRUCTION  OF  STREETS,  SIDEWALKS,  ETC.  447 

covers.  Second,  detail  drawings  showing  the  plan  of  construc- 
tion of  the  vault,  and  written  specifications  for  same  shall  be 
submitted  with  application,  and  when  approved  by  the  city 
engineer  and  permit  issued  thereon,  shall  be  kept  on  file  in  the 
city  engineer's  office.  All  areas  or  vaults  under  sidewalks 
shall  be  covered  over  the  entire  width  and  length  of  sidewalk 
in  a  substantial  manner,  wood  not  being  used  in  any  case,  nor 
openings  left  uncovered  with  guard  railing,  which  uncovered 
opening  and  railing  is  strictly  prohibited.  \_G.  0.  No.  51$, 
Sec.  1. 

SEC.  16.  Same —penalty  for  constructing  with- 
out permit. — Any  property  owner,  agent,  builder  or  any 
person  who  shall  excavate  the  ground  under  a  sidewalk  with- 
out first  having  obtained  a  permit  from  the  city  engineer  so 
to  do,  or  who  shall  construct  a  vault  under  a  sidewalk  without 
a  permit  from  the  city  engineer,  or  who  shall  construct  a 
vault  not  in  accordance  with  the  plans  and  specifications 
approved  by  the  city  engineer,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars  ; 
or  who  when  notified  by  the  city  engineer  to  remove  a  vault 
constructed  without  permission  of  the  city  engineer,  or  to 
alter  its  construction  so  that  it  shall  conform  with  the  approved 
plans  and  specifications,  shall  fail  to  do  so  forthwith,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars  ;  and  every  day  that  such  vault 
is  allowed  to  remain  or  is  not  changed  or  altered  to  conform 
with  its  duly  approved  plans  and  specifications  shall  be  deemed 
a  separate  offense.  [G.  O.  No.  5J+0,  Sec.  2. 


448 


GENERAL  ORDINANCES. 


ARTICLE  VI. 


CLASSIFICATION  AND  CONSTRUCTION  OF  SIDEWALKS. 


SECTION 

1.  Width  of  sidewalks  specified. 

2.  Classification. 

3.  Owner  must  have  permit;    condi- 

tions of,  etc. 

4.  Sidewalks  to  be  laid  on  grade. 

5.  Engineer  to  advertise  for  bids  and 

award  contract. 

6.  Special   tax   bills  to  be  issued  to 

contractor. 

7.  Flagstone  or  artificial  stone  shall 

be  laid,  in  what  district. 

8.  Flagstone  walks,  specifications  for. 


SECTION 
9.    Artificial  stone,  specifications  for. 

10.  Hexagonal,    octagonal     or     other 

shaped  blocks. 

11.  Flags  or  artificial  stone,  how  laid. 

12.  Penalty. 

1#.    Construction   of   plank    sidewalks 
prohibited. 

14.  Same,  penalty. 

15.  Engineer  shall   remove    sidewalks 

laid  in  violation  of  ordinance. 

16.  Plank  sidewalks  shall  be  relaid  with 

brick,  when. 


SECTION  1.     Width   of   sidewalks  specified. —  The 

sidewalks  upon  all  streets  not  already  improved  with  curbing, 
macadam  or  paving,  shall  be  six  feet  wide  ;  upon  all  streets 
ordered  improved  by  the  common  council  with  curbing,  gutter- 
ing or  macadamizing,  singly  or  collectively,  or  by  curbing  and 
paving,  the  sidewalks,  on  each  side  of  the  street  shall  be  of  a 
width,  including  the  curbing,  of  one-fifth  the  total  width  of 
such  street,  unless  otherwise  provided  in  the  ordinance  ordering 
such  improvement,  the  width  of  the  sidewalk  being  measured 
from  the  true  property  line  to  the  face  of  the  curbing:  Provided, 
that  any  street  already  curbed,  guttered  and  macadamized  or 
curbed  and  paved,  which  may  be  hereafter  ordered  recurbed, 
reguttered,  remacadamized  or  repaved,  the  widths  of  the  side- 
walks thereon  shall  practicably  remain  of  the  width  indicated 
by  the  curb  already  set,  unless  otherwise  prescribed  in  the 
ordinance  ordering  such  work  ;  provided  further,  however,  that 
should  the  width  of  the  sidewalk  abutting  any  lot  or  lots,  not 
be  indicated  by  any  curbing  already  set,  or  if  the  curbing 
already  set  shall  not  conform  to  the  general  line  of  curbing  in 
front  of  the  adjacent  lot,  then  the  new  curbing  shall  be  set  or 
the  old  curb  reset,  if  found  of  proper  quality  and  dimensions, 
upon  a  line  conforming  as  near  as  practicable  to  the  general 
line  of  curbing  of  the  lots  adjacent,  and  the  sidewalk  shall  be 


CLASSIFICATION  AND  CONSTRUCTION  OF  SIDEWALKS.        449 

deemed  the  space  between  the  true  property  line  and  the  face 
of  the  curbing  so  set  or  reset  ;  provided,  further,  that  when 
the  common  council  shall  by  ordinance  direct  that  a  certain 
space,  the  extent  of  which  shall  be  defined  in  said  ordinance, 
be  set  apart  or  reserved  for  the  purpose  of  planting  shade  trees 
and  grass,  said  space  shall  lie  next  to  and  on  the  inside  of  the 
curbing  and  shall  be  known  and  described  as  "  Park  Reserva- 
tion ;"  said  reservation  may  be  made  on  one  or  both  sides  of 
the  street  and  may  be  in  separated  sections  of  such  lengths  as 
shall  by  ordinance  be  specified,  and  must  be  graded  throughout 
with  earth  to  a  height  even  with  the  curbing  on  street  where 
said  reservation  has  by  ordinance  been  made,  the  sidewalk  on 
the  same  side  of  the  street  as  the  reservation  aforesaid,  shall 
be  deemed  that  portion  of  the  street  lying  between  such  reser- 
vation and  the  true  property  line,  together  with  those  portions 
lying  between  the  several  sections  of  said  park  reservation. 
[G.  O.  No.  356,  Sec.  1. 

SEC.  2.  Classification. — All  sidewalks  upon  streets  or 
parts  of  streets  which  are  either  curbed,  guttered,  macadamized 
or  paved  or  upon  streets  or  parts  of  streets  which  are  ordered 
so  improved,  shall  be  laid  with  hard  burned  brick,  uniform  in 
size,  upon  a  base  of  clean,  coarse,  sharp  sand,  uniformly  six 
inches  in  depth  and  spread  upon  a  properly  prepared  sub-grade, 
which  sub  grade  shall  be  brought  to  a  plane  surface,  after  being 
thoroughly  rammed,  if  deemed  necessary  by  the  city  engineer; 
the  brick  shall  be  laid  herring  bone  fashion,  with  close  joints, 
and  no  bats  or  parts  of  bricks  used  except  where  rendered 
necessary  for  filling  out  at  the  sides  ;  after  being  laid  upon  a 
proper  base  of  sand,  the  brick  shall  be  lightly  rammed  to  con- 
form with  the  proper  grade  of  the  sidewalk,  which  is  hereby 
declared  to  be  a  slope  of  one-half  inch  to  the  foot,  rising  and 
starting  from  the  top  of  the  curbing  when  set  to  the  true  line 
and  grade  :  Provided,  that  if  buildings,  permanent  in 
character  have  been  erected  abutting  said  sidewalk,  before  the 
construction,  reconstruction,  laying  or  relaying  of  the  same, 


450  GENERAL  ORDINANCES. 

the  slope  above  prescribed  may  be  reduced  to  a  slope  of  one- 
quarter  inch  to  the  foot,  upon  a  written  permit  from  the  city 
engineer,  who  shall  require  a  properly  shaped  connection  with 
sidewalks  laid  upon  a  standard  slope  ;  step-offs  or  abrupt 
changes  from  sidewalks  laid  upon  the  standard  slope  to  side- 
walks built  upon  a  reduced  slope  are  positively  prohibited, 
such  change  shall  be  gradual  and  easy  in  its  character.  Side- 
walks laid  in  accordance  with  these  provisions  as  just  herein- 
before set  forth,  shall  be  deemed  first-class  sidewalks.  \_G.  O. 
No.  356,  Sec.  2.  Amended  G.  0.  No.  549. 

SEC.  3.  Property  owner  must  have  permit  to 
construct  sidewalk  —  conditions.  —  Provided  further, 
that  any  property  owner  or  his  duly  authorized  agent  shall  be 
permitted,  whenever  so  desiring,  upon  any  street  not  ordered 
to  be  improved  to  lay  sidewalks  of  stone  flag  or  artificial  stone, 
and  to  take  up  sidewalks  of  brick  or  plank  and  replace  the 
same  with  stone  flagging  or  artificial  stone,  upon  giving  at 
least  forty-eight  hours'  notice  at  the  city  engineer's  office  and 
obtaining  said  engineer's  permit  therefor  as  provided  by  the 
ordinances  of  the  city  of  St.  Joseph,  which  permit  shall  pre- 
scribe the  time  during  which  the  street  may  be  occupied  with 
material  and  the  sidewalk  opened,  torn  up  or  obstructed  for 
the  purpose  of  laying  said  new  sidewalk  and  any  material 
remaining  upon  said  street  or  sidewalk  after  such  prescribed 
time,  shall  be  deemed  an  unlawful  obstruction  of  the  same, 
and  any  sidewalk  torn  up  and  remaining  unlaid  after  such  pre- 
scribed time  shall  be  deemed  a  sidewalk  out  of  repair.  Side- 
walks which  are  rendered  unsafe  or  impassable  by  reason  of 
the  work  of  relaying  shall  be  properly  barricaded  and  such 
barricades  and  all  the  material  in  the  street  shall  be  guarded 
by  red  signal  lights,  kept  burning  from  sun  down  to  sun  rise  ; 
all  sidewalks  not  so  barricaded  and  lighted  shall  be  deemed 
sidewalks  out  of  repair,  and  all  material  not  guarded  by  lights 
shall  be  deemed  an  unlawful  obstruction,  and  all  permits 
therefor  forfeited  and  annulled.  The  city  engineer  may  with- 


CLASSIFICATION  AND  CONSTRUCTION  OF  SIDEWALKS.       451 

hold  his  permit  until  he  shall  be  satisfied  that  materials  suffi- 
cient in  quantity  to  complete  the  work  are  in  readiness  to  be 
placed  forthwith  upon  the  ground,  or  if  he  shall  deem  that  the 
weather  shall  not  permit  the  proper  completion  of  the  work 
within  a  reasonable  time,  and  after  said  permit  has  been  once 
issued  the  engineer  shall  have  the  power  to  recall  and  cancel 
the  same  if  the  weather  should  stop  the  work  for  a  period  of 
ten  days  with  the  prospect  of  continued  bad  weather  ;  and 
upon  such  permit  being  recalled  and  canceled  it  shall  be  the 
duty  of  the  property  owners  to  forthwith  remove  all  material 
and  obstruction  from  the  street  and  sidewalk  and  place  said 
sidewalk  in  passable  and  safe  condition,  and  keep  it  so  during 
the  suspension  of  the  work.  Any  material  or  obstruction 
remaining  upon  the  street  or  sidewalk  more  than  twenty-four 
hours  after  the  recall  and  cancellation  of  said  permit  shall  be 
deemed  an  unlawful  obstruction,  and  any  sidewalk  not  put  in 
a  safe  and  passable  condition  within  twenty-four  hours  after 
the  recall  and  cancellation  of  said  permit,  shall  be  deemed 
sidewalks  out  of  repair.  Sidewalks  constructed  of  stone 
flagging  or  of  artificial  stone  shall  be  laid  with  a  slope  towards 
the  curbing  or  roadway  such  as  the  city  engineer  may  direct  in 
his  permit,  but  in  no  case  to  exceed  a  slope  of  one-half  inch  to 
the  foot.  [£.  O.  No.  356,  Sec.  8,  B.  Amended  G.  0.  No.  370. 

SEC.  4.  Sidewalks  to  be  laid  on  grade.— All  side- 
walks should  be  placed  upon  the  established  grade  of  the 
street.  Whenever  any  property  holder  shall  desire  to  set 
curbing  and  construct  sidewalk,  he  shall  so  notify  the  city 
engineer  in  writing,  and  said  engineer  shall,  as  soon  as  prac- 
ticable, make  an  examination  of  the  locality,  and  if  it  is  found 
that  the  proposed  curbing  and  sidewalk  can  be  properly  con- 
structed without  being  placed  in  an  undue  elevation  or  depres- 
sion with  respect  with  the  adjacent  portion  of  the  street,  then 
said  engineer  shall  have  stakes  set  for  the  line  and  grade  as 
soon  as  practicable  after  curbing  of  proper  quality  and  dimen- 
sions has  been  delivered  upon  the  ground  in  sufficient  quantity 


452  GENERAL  ORDINANCES. 

for  the  proposed  work.  Nothing  herein  contained  shall  be 
construed  as  authorizing  individual  property  holders  to  con- 
struct their  own  sidewalk  and  curbing  after  a  contract  has 
been  let  for  like  work  upon  the  street  embracing  such  locality. 
[G.  O.  No.  356,  Sec.  3. 

SEC.  5.  Engineer  to  advertise  for  bids  and 
award  contract. — Whenever  the  common  council  shall  by 
ordinance  direct  sidewalks  to  be  laid  upon  any  street  or  part 
of  a  street,  the  city  engineer  shall  forthwith  advertise  for 
proposals  for  doing  such  work,  receive  bids  for  the  same  and 
.iward  the  contract  for  doing  such  work  and  submit  the  same 
to  the  common  council,  all  in  the  same  manner  as  provided  by 
the  general  ordinances  of  the  city  for  other  public  improve- 
ments. [G.  0.  No.  356,  Sec.  4. 

SEC.  6.  Special  tax  bills  to  be  issued  to  con- 
tractors.— Upon  the  proper  completion  of  the  work  of  laying 
sidewalk  by  the  contractor,  and  upon  the  acceptance  of  the 
same  by  the  city  engineer,  said  engineer  shall  apportion  and 
assess  the  cost  of  constructing  said  sidewalk  against  the  prop- 
erty liable  therefor  according  to  law  and  shall  issue  special  tax 
bills  therefor  in  favor  of  the  contractor,  and  when  so  made  out 
they  shall  be  delivered  to  said  contractor  and  his  receipt  taken 
therefor,  which  said  tax  bill  shall  be  a  lien  upon  the  property 
therein  described  in  accordance  with  section  1407,  Revised 
Statutes  of  the  state  of  Missouri.  [G.  0.  No.  356,  Sec.  5. 

SEC.  7.     Flagstone   or   artificial   stone   shall    be 

laid,  in  what  district. — All  sidewalks  hereafter  laid,  or 
taken  up  to  be  relaid  in  the  city  within  the  district  bounded  by 
the  Missouri  river  on  the  west,  Jules  street  on  the  north, 
Eighth  street  on  the  east  and  JVlessanie  street  on  the  south, 
shall  be  laid  or  relaid  with  either  flagstone  or  artificial  stone 
according  to  the  following  specifications.  [G.  O.  No.  375, 
Sec.  1. 

SEC.  8.  Flagstone  walks.  —  Flags  shall  be  sound 
limestone,  sandstone  or  granite  not  less  than  four  inches  in 


CLASSIFICATION  AND  CONSTRUCTION  OF  SIDEWALKS.        453 

thickness,  which  thickness  shall  be  practically  uniform,  of  a 
length  equal  to  width  of  sidewalk,  and  not  less  than  three  feet 
in  width,  which  width  shall  be  uniform  the  whole  length  of 
each  flag,  the  top  shall  be  sawn  or  dressed  to  a  plane  surface 
and  the  ends  and  edges  must  make  close  fitting  joints.  Flags 
shall  be  laid  upon  a  bed  of  not  less  than  six  inches  of  clean, 
coarse  sand,  except  when  forming  the  top  covering  of  areas 
within  and  under  sidewalks,  in  which  cases  said  flags  shall  be 
not  less  than  six  inches  thick  for  areas  not  exceeding  three 
feet  wide,  not  less  than  seven  inches  in  thickness  for  areas  not 
exceeding  six  feet  in  width,  and  not  less  than  eight  inches  in 
thickness  for  areas  not  exceeding  twelve  feet  in  width.  \_G. 
O.  No.  375,  Sec.  2. 

SEC.  9.  Artificial  stone. — There-  shall  first  be  spread 
a  layer  of  not  less  than  eight  inches  of  clean  cinder,  thoroughly 
rammed  with  a  flat  faced  iron  rammer  weighing  not  less  than 
forty  pounds,  to  a  proper  grade.  Upon  this  layer  of  cinders 
shall  be  spread  a  layer  of  concrete  composed  of  five  parts  by 
measure,  of  hard,  durable  stone,  broken  to  pass  through  an 
inch  and  one-half  ring,  two" parts  by  measure  of  clean,  cparse, 
sharp  sand  and  one  part  by  measure  of  fr^h  ground  cement 
equal  in  quality  to  the  best  American  brands  ;  the  cement  and 
sand  to  be  thoroughly  mixed  dry  before  being  wet,  and  water 
added  to  make  a  thin  mortar  ;  the  stone  wetted  and  mixed 
with  the  mortar  until  each  piece  is  thoroughly  coated,  laid  and 
gently  tamped  until  water  forms  on  the  surface  ;  said  layer  of 
concrete  shall  be  nat  less  than  three  inches  thick  after  being 
tamped  ;  upon  this  layer  of  concrete  shall  be  spread  a  layer  of 
cement  mortar  for  wearing  or  top  coat,  one  inch  in  thickness, 
composed  of  two  parts  by  measure  of  the  best  quality  of  Eng- 
lish or  German  Portland  cement,  and  three  parts  of  clean, 
crushed  granite,  crushed  jasper  or  flint  chips,  all  thoroughly 
mixed,  tempered  and  finished  with  a  dry  coat  of  Portland 
cement  and  fine  sand  in  equal  parts,  well  troweled  to  a 
smooth  and  hard  finish,  lined  to  form  rectangular  or  other 


4:54  GENERAL  ORDINANCES. 

shaped  blocks,  and  finished  with  slight  indentations  to  form 
foot  hold.  [G.  0.  No.  375,  Sec.  3. 

SEC.  10.  Hexagonal,  octagonal  or  other  shaped 
blocks. — Artificial  stone  not  less  than  four  inches  thick  of 
hexagonal,  octagonal  or  other  like  shaped  blocks,  and  pre- 
viously made  in  moulds,  in  the  manner  and  composed  of  the 
materials,  in  the  proportions  named  in  section  nine  of  this 
article,  may  be  laid  upon  a  bed  of  cinders  as  therein  set  forth. 
And  sound  lime  stone,  sand  stone  or  granite,  which  may  have 
been  sawn  or  cut  into  hexagonal,  octagonal  or  other  like 
shapes,  not  less  than  four  inches  thick  and  sawn  or  dressed  on 
top  may  be  laid  upon  a  bed  of  clean,  coarse,  sharp  sand  not 
less  than  six  inches  in  thickness.  [G.  0.  No.  375 ',  Sec.  4- 

SEC.  11.     Flags  or  artificial  stone — how  laid.— 

The  flags  or  artificial  stone  shall  fit  neatly  and  closely  together 
and  to  the  curbing  and  be  brought  to  a  true  line  at  the  build- 
ing or  property  lines.  The  flags  or  artificial  stone  shall  be 
laid  in  the  same  plane  and  with  a  uniform  rise  from  the  curb 
line  to  the  building  line  of  not  more  than  one  half  inch  to  the 
foot  nor  less  than  one-quarter  inch  to  the  foot.  [G.  O.  No. 
375,  Sec.  5.  t 

SEC.  12.  Penalty.  —  Any  person  who  shall  lay  or 
relay  any  sidewalk  or  part  of  a  sidewalk  (except  such  laying  or 
relaying  constitute  repairs  to  a  sidewalk  already  laid)  within 
the  above  described  district  and  in  violation  of  the  foregoing 
provisions  and  specifications,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  to 
exceed  one  hundred  dollars,  and  each  day  such  sidewalk  laid 
or  relaid  in  violation  of  this  ordinance,  shall  remain  so  laid  or 
relaid  shall  be  deemed  to  constitute  a  separate  offense.  [G.  O. 
No.  375,  Sec.  6. 

SEC.  13.  Construction  of  plank  sidewalks  pro- 
hibited.— The  laying  down  or  construction  of  plank  or  board 
sidewalks  within  the  corporate  limits  of  this  city  by  any  per- 
son, party  or  parties,  or  the  causing  of  the  same  to  be  laid  or 


CLASSIFICATION  AND  CONSTRUCTION  OF  SIDEWALKS.       455 

constructed,  be  and  the  same  is  hereby  expressly  prohibited, 
forbidden  and  declared  unlawful.  It  shall  be  further  unlawful 
for  any  person,  party  or  parties,  to  lay  boards  or  plank,  for 
the  purpose  of  accommodating  foot  travel,  along  or  upon  any 
space  reserved  for  sidewalk  purposes  in  this  city.  Provided, 
that  nothing  herein  shall  be  held  as  prohibiting  the  construc- 
tion of  plank  crosswalks  across  the  roadway  of  any  street, 
alley  or  other  public  highway,  by  the  city  of  St.  Joseph;  but 
such  plank  crosswalks  shall  be  constructed  only  of  sou^nd 
white  oak  plank.  Provided,  further,  that  nothing  herein  con- 
tained shall  be  deemed  as  prohibiting  the  construction  of  plank 
driveways  across  sidewalks;  such  driveways  shall  be  con- 
structed in  a  substantial  manner  of  sound  white  oak  plank, 
not  less  than  two  inches  thick  and  laid  flush  with  the  side- 
walk. [G.  0.  No.  501,  Sec.  1. 

SEC.  14.  Same;  penalty. — Any  person,  party  or 
parties  violating  any  of  the  provisions  of  the  preceding  sec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor  and,  upon 
conviction  thereof,  shall  be  fined  in  a  sum  not  exceeding  one 
hundred  dollars.  \_G.  0.  No.  501,  Sec.  2. 

SEC.  15.  Engineer  shall  remove  sidewalks  laid 
in  violation  hereof. — When  any  violation  of  this  ordinance 
shall  have  been  reported  to  him,  it  shall  be  the  duty  of  the  city 
engineer  to  cause  to  be  removed  at  once  from  any  street, 
alley,  avenue  or  other  public  highway,  any  boards,  plank,  or 
any  sidewalk  or  parts  of  sidewalk  constructed  of  boards  or 
plank,  which  shall  be  laid  or  placed  after  the  date  of  approval 
of  this  ordinance  by  the  mayor,  and  in  violation  thereof. 
[G.  O.  No.  501,  Sec.  3. 

SEC.   16.     Plank   sidewalks    relaid    with    brick, 

when. — Provided,  that  whenever  one-half  of  any  block  on 
which  plank  sidewalks  have  been  laid  shall  need  repairing,  the 
entire  block  shall  be  relaid  with  brick  in  the  same  manner  as 
a  first-class  sidewalk,  but  to  be  only  four  feet  in  width. 
[G.  0.  No.  501,  Sec.  5. 


456 


GENERAL  ORDINANCES. 


AKTICLE  VII. 
REPAIR  OF  SIDEWALKS. 


SECTION. 

1.  Term  "repairs"  defined. 

2.  Engineer   to  keep  sidewalk  in  re- 

pair. 

3.  Owner  may  be  notified  in  isolated 


4.  Owner   or  agent  guilty   of  misde- 

me  anor — when . 

5.  Engineer  to  advertise  for  bids  and 

award  contracts. 

6.  Term  "repairs"  as  hereinafter  used, 

defined  and  explained. 


SECTION. 

7.  Repairs  to  be  made  by  day's  work. 

8.  Engineer   may    advertise    for  pro- 

posals for  repairs  in  general. 

9.  Cost  of  repairs,  how  taxed. 

10.  Tax  bills  shall  be  delivered  to  city 

collector. 

11.  Collection  of  tax  bills. 

12.  Counselor   shall   collect    by    legal 

proceedings,  when. 


SECTION  1.  Term  "repairs"  defined  and  ex- 
plained.— The  term  c 'repairs"  as  herein  used  shall  be  under- 
stpod  to  embrace  whatever  is  necessary  for  the  preservation  of 
said  sidewalk  reservation  or  the  pavement,  planking  or  other 
surfaces  thereof,  or  of  said  park  reservation  and  making  them 
conform  to  the  width  prescribed  by  ordinance,  or  the  curbing 
along  side  thereof,  in  manner  and  material  as  required  by  the 
ordinance,  in  each  case,  for  original  construction,  and  also 
whatever  is  necessary  to  the  preservation  in  a  safe  condition 
of  all  cellar-ways,  cellar  doors,  coal  holes,  gratings,  areas  or 
other  like  places  suffered  to  be  made  in  said  sidewalks.  [G.  0. 
No.  356,  Sec.  6,  A. 

SEC.  2.     Engineer  to  keep  sidewalk  in  repair.— 

The  city  engineer  is  hereby  charged  with  the  duty  of  keeping 
all  sidewalk  reservations,  or  the  paving,  planking  or  other  sur- 
faces thereon,  and  the  curbing  along  side  thereof,  and  all  park 
reservations,  and  the  curbing  along  side  thereof,  in  good 
repair.  [G.  O.  No.  356,  Sec.  6. 

SEC.  3.     Owner  may  be  notified  in  isolated  cases. 

— Where  any  sidewalk  reservation,  or  the  pavement,  planking 
or  other  surfaces  thereon  or  the  curbing  along  side  thereof,  or 
any  park  reservation  or  curbing  along  side  thereof,  shall  in 
isolated  places  become,  in  the  judgment  of  the  city  engineer, 


BEPAIK  OF  SIDEWALKS.  457 

out  of  repair,  said  engineer  shall  notify  the  owner  of  the 
abutting  property,  or  such  person  having  the  same  under  their 
control  and  charge,  that  such  sidewalk  reservation  or  pave- 
ment, planking  or  other  surface,  curbing  or  such  park  reserva- 
tion or  curbing  as  the  case  may  be,  is  out  of  repair  ;  such 
notice  shall  be  in  writing  and  shall  further  instruct  said  owner 
or  person  to  have  said  repairs  made  good  within  five  days  from 
the  service  of  such  notice.  But  nothing  herein  contained  shall 
be  construed  as  requiring  any  notice  to  owner  or  agent  before 
such  repairs  shall  be  made  under  any  contract  with  the  city 
authorizing  tne  same  to  be  done.  [G.  0.  No.  356,  Sec.  7. 

SEC.  4.    Owner  or  agent  guilty  of  misdemeanor, 

when. — Any  person  owning  property  in  this  city,  or  having 
the  same  under  their  charge  or  control,  who  shall  permit  any 
sidewalk  reservation  or  the  pavement,  planking  or  other  sur- 
face of  the  same  or  curbing  along  side  thereof,  or  any  park 
reservation  or  curbing  along  side  thereof,  which  shall  abut 
upon  the  property  owned  by  him  or  under  his  control  and 
charge,  to  remain  in  an  unrepaired  condition  for  five  days  after 
receiving  written  notice  from  the  city  engineer  to  repair  the 
same,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof,  fined  in  a  sum  not  to  exceed  one  hundred  dol- 
lars ;  and  each  twenty-four  hours  that  said  sidewalk  reserva- 
tion, pavement,  planking  or  other  surface  thereof,  curbing  or 
park  reservation,  shall  remain  out  of  repair  shall  constitute  a 
separate  offense.  [G.  O.  No.  356,  Sec.  8. 

SEC.  5.  Engineer  to  advertise  for  bids  and  award 
contracts. — Whenever  the  common  council  shall  by  ordi- 
nance direct  the  repair  of  any  sidewalk  reservation,  pavement, 
planking  or  other  surface  thereof,  any  park  reservation  or  the 
curbing  along  side  thereof,  the  city  engineer  shall  forthwith 
advertise  for  proposals  for  doing  said  work,  award  the  con- 
tract, submit  the  same  to  the  common  council  for  confirmation 
and  upon  said  confirmation,  cause  said  repairs  to  be  made  by 
the  contractor,  all  in  the  same  manner  as  provided  in  the  gen- 


458  GENERAL  ORDINANCES. 

eral  ordinances  for  other  public  improvements ;  and  upon  the 
completion  and  acceptance  of  said  work,  the  engineer  shall 
apportion  and  assess  the  cost  of  such  work,  including  both 
labor  and  material,  against  the  property  liable  therefor  accord 
ing  to  law,  and  shall  issue  special  tax  bills  therefor  in  favor 
of  the  contractor,  and  said  tax  bills  when  so  made  out  shall  be 
delivered  to  said  contractor,  taking  his  receipt  therefor,  which 
tax  bills  shall  be  a  lien  upon  the  property  therein  described,  as 
provided  by  section  1407  Revised  Statutes  of  the  state  of 
Missouri.  [#.  0.  No.  356,  Sec.  9. 

SEC.  6.  Term,  "repairs"  as  hereinafter  used, 
defined  and  explained. —The  term  '-repairs"  as  herein- 
after used  shall  be  understood  to  embrace  whatever  is  neces- 
sary for  the  preservation  of  the  paving  or  planking  of  any 
side\valk  or  making  them  conform  to  the  width  prescribed  by 
ordinance  or  for  the  preservation  of  the  curbing  and  guttering, 
in  manner  and  material  as  required  by  ordinance  in  each  case 
for  original  construction,  and  also  whatever  is  necessary  to 
the  preservation  and  safe  condition  of  all  cellar-ways,  cellar 
doors,  coal  holes,  gratings,  area  or  other  like  places  suffered 
to  be  made  in  said  sidewalk.  \_G.  O.  No.  389,  Sec.  1. 

SEC.   7.     Repairs  to  be  made  by  day's  work. — 

Whenever  repairs  are  deemed  necessary  by  the  city  engineer 
to  the  paving  or  planking  of  any  sidewalk,  or  curbing  or  gut- 
tering alongside  thereof,  he  shall  procure  the  material  therefor 
and  make  or  cause  the  same  to  be  made  by  day's  work,  keep- 
ing an  account  of  the  material  used  and  time  employed  in 
making  the  repairs  in  front  of  each  lot  or  parcel  of  land  liable 
for  the  cost  thereof.  [G.  O.  No.  389,  Sec.  2. 

SEC.  8.     Engineer  may  advertise   for  proposals 

for  general  repairs. — If  deemed  by  said  engineer,  in  his 
discretion,  for  the  best  interest  of  the  city  so  to  do,  he  shall 
advertise  for  sealed  proposals  for  doing  the  work  of  repairs  in 
general  to  the  paving  and  planking  of  any  sidewalk  or  curbing 
or  guttering  at  such  places  within  the  city  and  at  such 


REPAIR  OF  SIDEWALKS.  459 

times  as  may  be  directed  by  the  city  engineer  for  the  period 
of  one  year,  or  for  special  repairs  to  the  sidewalk,  curbing  or 
guttering  upon  any  street  or  streets,  or  upon  any  portion  of 
such  street.  Such  advertisement  shall  be  made  for  five  con- 
secutive days,  the  contract  awarded  and  the  same  submitted  to 
the  common  council  for  confirmation.  Upon  the  confirmation 
of  any  contract  for  any  work  prescribed  in  this  ordinance, 
the  engineer  shall  cause  said  repairs  to  be  made  by  the  con- 
tractor. [G.  O.  No.  389,  Sec.  3. 

SEC.  9.  Cost  of  repairs,  how  taxed. — The  cost  of 
repairing  the  paving  and  planking  of  any  sidewalk  or  the 
curbing  or  guttering  alongside  thereof,  shall,  when  made  in 
accordance  with  sections  seven  and  eight  of  this  article,  be 
paid  in  the  first  instance  out  of  the  general  revenue  of  the  city 
and  the  city  engineer  shall  compute  and  charge  against  each 
lot,  tract  or  parcel  of  property  fronting  on  the  spot  where  any 
such  repairs  are  made  the  cost  of  such  repairing  in  front  there- 
of and  shall  make  out  in  favor  of  the  city  a  special  tax  bill 
against  each  lot  or  parcel  of  land  for  the  cost  of  such  repairs 
made  in  front  of  such  lot,  tract  or  parcel  of  land,  which  bill 
shall  be  registered  and  collected  as  is  provided  in  section 
2407  of  the  Revised  Statutes  of  Missouri  of  1889.  [G.  O. 
No.  389,  Sec.  4. 

SEC.  10.  Tax  bills  shall  be  delivered  to  city 
collector. — As  soon  as  said  tax  bills  are  made  out  and  regis- 
tered by  the  city  engineer,  he  shall  deliver  the  same  to  the  city 
collector,  taking  from  him  triplicate  receipts  therefor,  one  to 
be  filed  with  the  city  auditor,  one  with  the  city  comptroller 
and  the  third  retained.  [G.  O.  No.  389,  Sec.  5. 

SEC.  11.  Collection  of  tax  bills. — The  city  col- 
lector shall,  upon  the  receipt  of  such  tax  bills,  forthwith  send 
by  mail  to  each  of  the  owners  of  property  as  shown  upon  said 
tax  bills  a  written  or  printed  notice  that  said  tax  bills  are  in 
his  hands  for  collection  and  will  be  payable  at  his  office  at  any 
time  within  thirty  days  from  the  date  of  their  receipt  by  him, 


460  GENERAL  ORDINANCES. 

naming  such  date.  At  the  expiration  of  said  thirty  days,  the 
city  collector  shall  turn  over  the  tax  bills  uncollected  to  the 
city  counselor,  taking  triplicate  receipts  therefor,  one  to  be 
filed  with  the  city  auditor,  one  with  the  city  comptroller  and 
the  third  retained.  The  city  collector  shall  also  file  with  the 
city  auditor  a  statement  of  the  money  collected  while  the  tax 
bills  were  in  his  hands.  \_G.  O.  No.  389,  Sec.  6. 

SEC.  12.  Counselor  shall  collect  by  legal  pro- 
ceedings, when. — The  city  counselor  shall,  as  soon  as 
practicable  after  receiving  such  tax  bills,  collect  the  same  by 
legal  proceedings  in  the  name  of  the  city,  and  as  fast  as  he 
collects  he  shall  pay  the  money  into  the  city  treasury,  taking 
triplicate  receipts  therefor,  one  to  be  filed  with  the  city 
anditor,  one  with  the  comptroller  and  the  third  retained. 
\_G.  O.  No.  389,  Sec.  7. 

CHAPTER  XXXV. 

HOTELS  AND  BOARDING  HOUSES. 

SECTION.  SECTION. 

1.    Hotel,  license  for.  2.    Boarding  houses,  license  for. 

SECTION  1.  Hotel  —  license  for. —  No  person  shall 
carry  on  or  engage  in  the  business  of  keeping  or  running  a 
hotel  or  inn  without  a  license  therefor  from  said  city,  and  the 
charge  for  such  license  shall  be  fifty  dollars  per  year  when  the 
building  or  buildings  in  which  the  business  may  be  carried  on, 
together  with  the  lot  or  lots  of  ground  on  which  the  same  may 
be,  shall  be  valued  for  city  taxation  in  the  land  tax  book,  at 
the  issue  of  the  license,  at  ten  thousand  dollars  or  over,  and 
twenty-five  dollars  per  year  when  such  value  shall  be,  at  the 
issue  of  the  license,  less  than  ten  thousand  dollars  :  Provided, 
that  for  any  hotel  or  inn,  kept  in  any  building  the  first  story  of 
which  is  not  used  for  such  hotel  or  inn  the  charge  shall  be 
twenty-five  dollars  per  year.  Any  person,  firm  or  corporation 
who  keeps  a  house  open  for  the  reception  and  accommodation 
of  transient  guests,  and  charges  therefor  daily  rates,  and  who 


HUCKSTERS.  461 

keeps  a  register  of  the  names  of  such  guests,  is  hereby  declared 
to  be  a  hotel  keeper.      \_G.   O.  No.  441,  Sec.  J+5. 

SEC.  2.  Boarding  houses — license  for. — No  per- 
son shall  carry  on  or  engage  in  the  business  of  keeping  a 
boarding  house  without  a  license  therefor  from  said  city,  and 
the  charge  for  such  license  shall  be  as  follows  :  For  a  public 
boarding  house,  ten  dollars  per  year;  for  a  private  or  family 
boarding  house,  two  and  one-half  dollars  per  year.  A  public 
boarding  house,  as  used  in  this  section,  shall  be  held  to  mean 
any  place  where  meals  and  lodging  are  furnished  by  day  or 
night,  or  single  meal,  but  which  does  not  come  under  the  defi- 
nition of  a  hotel  as  given  in  the  preceding  section.  [Gr.  O. 
No.  Ul,  Sec.  46. 

[For  penalty  for  violating  this  Chap,  see  Sec.  20,  Chap, 
entitled  '^Licenses."  ] 

CHAPTER  XXXVI. 
HUCKSTERS. 

SECTION  SECTION. 

1.    Huckster,  license  for.  2.    Auditor  to  furnish  badges. 

SECTION  1.  Huckster — license  for. — Retail  vendors 
of  fruits,  vegetables,  eggs,  butter,  lard,  game,  poultry,  pro- 
visions or  other  farm  or  garden  products,  not  raised  by  such 
vendors  from  their  own  farms  or  gardens,  or  from  the  farms 
or  gardens  of  their  employers,  but  purchased  by  them  or  their 
employers  for  the  purpose  bf  selling  again  at  retail  from 
baskets,  boxes,  wagons,  carts  or  other  vehicles,  on  the  streets 
and  alleys  or  public  market  places  of  the  city,  shall  be  held 
and  deemed  to  be  hucksters;  and  it  shall  not  be  lawful  for  any 
person  to  carry  on  the  business  of  huckstering  or  in  any  man- 
ner to  exercise  such  calling  on  the  streets,  alleys  or  public 
places  of  this  city,  without  first  having  obtained  a  license  for 
so  doing,  and  the  charge  for  such  license  shall  be  twenty-five 
dollars  per  year.  All  licenses  issued  under  this  section  shall 


462  GENERAL  ORDINANCES. 

expire  on  the  first  day  of  April  next  succeeding  the  date  of 
issue  of  such  license,  and  shall  be  charged  for  from  the  date  of 
issue  to  April  1st:  Provided,  that  no  license  shall  be  issued 
for  a  less  sum  than  two  and  one-half  dollars.  [6r.  O.  No.  4^1, 
Sec.  50. 

SEC.  2.  Auditor  to  furnish  badge. — It  shall  be  the 
duty  of  the  city  auditor  to  provide,  at  the  expense  of  the  city, 

a  badge  inscribed  as  follows  :     "Licensed  Huckster  No. , 

City  of  St.  Joseph,  189 ,"  with  the  number  thereof  and  the 

year  in  which  the  license  expires,  engraved  or  stamped 
thereon,  and  to  deliver  to  each  and  every  person  securing  a 
license  as  huckster,  one  of  such  badges,  which  badge  shall  be 
worn  by  the  person  so  securing  the  same  in  a  conspicuous  place 
on  his  person  at  all  times  while  exercising  the  calling  of  a 
huckster.  [G.  0.  No.  441,  Sec.  61. 

[For  penalty  for  violating  this  Chap,  see  Sec.  20,  Chap, 
entitled  "Licenses."] 

CHAPTER  XXXVII. 

ICE. 

SECTION.  SECTION. 

1.  Ice  not  be  cut  or  stored  without  4.    Permit  and  certified  copy,  shall  be 

permit.  kept,  where. 

2.  Not  to  be  cut  or  stored  until  exam-  5.    Permit ;  by    whom  issued,  provis- 

ined.  sions    of,  etc. ;  may  be  recalled, 

3.  Ice  dealer  shall  furnish  samples .  form  of,  etc. 

permit  revoked  and  sale  prohib-  6.    Penalty, 

ited,  when. 

SECTION  1.  Ice  not  to  be  cut  or  stored  without 
permit. — No  person,  firm  or  corporation  shall  within  the 
limits  of  the  city  of  St.  Joseph,  cut  from  or  by  any  process 
remove  and  take  any  ice,  for  any  purpose  whatever,  from  the 
Missouri  river,  any  stream,  pond,  pool,  sinkhole  or  slough, 
nor  sell,  deliver  or  pack  and  store  away  any  ice,  without  hav- 
ing obtained  a  permit  from  the  board  of  health  so  to  do.  [G. 
0.  No.  504,  Sec.  1. 


ICE.  463 

SEC.  2.     Not  to  be  cut  or  stored  until  examined. 

— Whenever  any  person,  firm  or  corporation  desire  to  cut  from 
any  body  of  water,  or  sell,  deliver  or  pack  and  store  away  any 
ice,  within  the  limits  of  the  city,  they  shall  make  application 
to  the  clerk  of  the  board  of  health  for  a  permit  so  to  do,  and 
if  upon  examination  by  a  proper  officer  authorized  by  the 
board  of  health  to  make  the  examination,  said  board  is  satisfied 
that  the  ice  proposed  to  be  cut,  sold,  delivered  or  packed  and 
stored  away,  is  clean  and  fit  and  proper  to  be  used  for  drink- 
ing, culinary  and  refrigerating  purposes,  the  clerk  of  said 
board  shall  grant  a  permit  to  the  applicant.  \_G.  0.  No.  50^, 
Sec.  2. 

SEC.  3.  Ice  dealer  shall  furnish  samples — per- 
mit revoked  and  sale  prohibited,  when. — Ice  dealers 
shall  furnish  the  city  chemist  with  samples  of  ice  from  their 
houses  or  wagons  whenever  notified  so  to  do  by  the  board  of 
health.  Whenever  it  shall  be  ascertained  that  any  ice  contain- 
ing any  impurities  whatever,  and  which  is  in  the  opinion  of 
the  city  chemist  deleterious,  notice  thereof  shall  be  given  in 
writing  to  such  ice  dealer,  and  all  permits  for  the  sale  of  all 
ice  cut  and  taken  from  the  same  water  as  that  inspected,  exam- 
ined and  analyzed,  shall  be  revoked,  and  the  sale  of  such  ice 
prohibited.  [G.  O.  No.  50^  Sec.  3. 

SEC.  4.  Permit  and  certified  copy  shall  be  kept, 
where. — A  separate  permit  shall  be  obtained  for  the  cutting, 
removing,  storing  and  packing  of  ice,  which  shall  state  from 
what  body  of  water  the  same  is  to  be  taken  and  the  place  or 
places  where  the  same  is  to  be  stored  or  packed,  which  permit 
shall  be  kept  at  the  body  of  water  and  the  place  where  the  ice 
is  being  cut,  or  from  where  it  is  being  removed,  and  a  certified 
copy  of  such  permit  shall  be  kept  at  the  house  or  place  where 
the  same  is  being  stored  or  packed.  A  separate  permit  shall 
be  obtained  for  the  sale  and  delivery  of  all  ice  which  shall 
state  from  what  body  of  water  the  same  was  take  nor  cut  and 


464:  GENERAL  ORDINANCES. 

the  place  or  house  wherein  the  same  is  stored  or  packed. 
[G.  O.  No.  504,  Sec.  4. 

SEC.   5.     Permit — by  whom  issued,  provisions  of. 

—All  permits  provided  for  by  this  ordinance  shall  be  issued  by 
the  clerk  of  the  board  of  health,  by  and  with  the  authority  of 
said  board.  No  permit  for  cutting  ice  shall  be  issued  to  cover 
more  than  three  acres.  The  board  of  health  may  at  any  time 
recall  any  permit  if  any  of  the  rules  or  orders  of  said  board  are 
violated.  The  board  of  health  shall  prescribe  the  form  of  all 
applications  and  permits  provided  for  by  this  ordinance. 
[G.  0.  No.  504,  Sec.  5. 

SEC.  6.  Penalty. — Any  person  who  shall  violate,  fail, 
neglect  or  refuse  to  comply  with  any  provision,  regulation  or 
requirement  in  this  ordinance  contained  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  twenty-five  dollars  nor  more  than  five  hundred 
dollars  for  each  offense.  \_G.  O.  No.  504,  Sec-  6. 

CHAPTER  XXXVIII. 
IMPOUNDER. 

ARTICLE  I — IMPOUNDED  ;  DUTIES  OP. 
II— IMPOUNDING  LIVE  STOCK. 

ARTICLE  I. 
IMPOUNDER;  DUTIES  OF. 

SECTION.  SECTION 

1 .  Office  of  public  impounder  created.  4.    Must  keep  record. 

2.  Bond  to  be  given.  5.    May  employ  assistants. 

3.  To  provide  suitable  pound. 

SECTION  1.  Office  created;  term. — There  is  hereby 
created  the  office  of  public  impounder,  whose  duty  it  shall  be 
to  enforce  all  ordinances  regulating  or  in  any  manner  relating 
to  dogs,  hogs,  horses,  mules,  asses,  sheep,  goats  and  cattle,  or 
either  of  said  classes  of  animals.  He  shall  be  appointed  at 
the  same  time,  or  as  soon  thereafter  as  possible,  and  in  the 
same  manner  as  other  appointive  city  officers,  and  shall  unless 


IMPODNDER.  465 

sooner  removed,  hold  his  office  for  the  term  of  two  years  from 
the  third  Monday  in  April,  1886,  and  until  his  successor  is 
duly  appointed  and  qualified.  The  appointment  shall  be  made 
every  two  years  thereafter.  [R.  0. 1888,  Chap.  31,  Art.  1,  Sec.  1. 

SEC.  2.  Bond  to  be  given. — Before  entering  upon 
bis  duties  he  shall  give  bond  to  the  city  of  St.  Joseph,  with 
good  and  sufficient  securities,  residents  of  the  city,  to  be 
approved  by  the  comptroller,  in  such  sum  as  is  provided  by 
ordinance,  conditioned  upon  the  faithful  performance  of  his 
official  duties,  and  those  of  his  appointees,  and  that  he  will 
promptly  account  to  the  city  of  St.  Joseph  for  all  moneys 
received  by  him  in  his  official  capacity.  [R.  O.  1888,  Chap. 
31,  Art.  1,  Sec.  2. 

SEC.  3.  To  provide  suitable  pound. — He  shall,  at 
his  own  expense,  but  under  the  direction  of  the  city  engineer, 
provide  a  suitable  pound  wherein  he  shall  impound  any  ani- 
mal found  running  at  large  contrary  to  any  provision  of  the 
ordinances  of  the  city.  [R.  O.  1888,  Chap.  31,  Art.  1,  Sec.  3. 

SEC.  4.  Must  keep  record. — He  shall  keep  a  record 
in  which  he  shall  enter  all  his  official  transactions,  the  time 
when  any  animal  is  impounded,  a  minute  description  of  the 
same,  where  found,  when  and  by  whom  redeemed,  or  when 
sold,  a  minute  of  the  notice,  sale,  price  paid  and  to  whom 
sold.  Said  record  shall  be  legibly  written  and  kept  clean,  and 
there  shall  be  no  interlineations  or  erasures  in  it.  It  shall  be 
open  at  all  times  to  the  inspection  of  any  person.  [R.  0. 
1888,  Chap.  31,  Art.  1,  Sec.  4. 

SEC.  5.  May  employ  assistants. — He  may  employ 
one  or  moie  assistants,  the  number  to  be  fixed  by  the  mayor, 
to  aid  him  in  enforcing  the  provisions  of  this  ordinance;  and 
the  compensation  of  such  assistants  shall  be  fixed  and  paid  by 
the  impounder :  Provided,  that  the  city  shall,  under  no  cir- 
cumstances, be  responsible  for  such  compensation.  He  shall 
discharge  any  assistant  when  ordered  to  do  so  by  the  mayor. 
[R.  O.  1888,  Chap.  31,  Art.  1,  Sec.  5. 

34 


466  GENERAL  ORDINANCES. 

ARTICLE  II. 

IMPOUNDING  LIVE  STOCK. 

SECTION  SECTION 

1.  What  live  stock  may  be  impounded.  6.    Animal  must  not  be  turned  loose. 

2.  Duties  of  impounder ;  fees.  7.    City  clerk  to  attend  sales  and  keep 

3.  No  other  compensation  except.  a  record. 

4.  Must  not  be  obstructed.  8.    Penalty  for  failing  to  comply,  etc. 

5.  Report  to  comptroller. 

SECTION  1.     What  live  stock  may  be  impounded.— 

Hogs,  horses,  rnules,  asses,  sheep,  goats  and  cattle  are  hereby 
prohibited  from  running  at  large  within  the  city  limits,  and  all 
such  animals  found  running  at  large  within  said  limits  shall  be 
taken  up  and  impounded  by  the  public  impounder.  [12.  0. 
1888,  Chap.  31,  Art.  8,  Sec.  1. 

SEC.  2.  Duties  of  impounder;  fees. — Whenever 
any  live  stock  is  taken  up  under  and  by  authority  of  this 
ordinance,  it  shall  be  the  duty  of  the  public  impounder  to 
return  the  same  to  the  owner  thereof  upon  payment  to  the 
impounder  of  the  following  sums,  to  wit:  For  each  horse, 
mule,  ass,  cow  or  other  animal  not  especially  mentioned,  one 
dollar;  and  for  each  hog,  sheep  or  goat,  fifty  cents.  These 
sums  shall  be  in  addition  to  the  sum  of  twenty-five  cents  for 
each  day  any  such  animal  may  have  been  in  the  pound.  The 
party  claiming  any  such  animal  shall  show  by  satisfactory 
proof  that  he  is  entitled  to  the  same.  If  any  such  animal 
remains  in  the  pound  three  days  without  being  claimed,  the 
public  impounder  shall  proceed  to  advertise  the  same  for  sale 
by  advertisement  published  one  time  in  the  official  paper  of 
the  city  giving  a  description  of  the  animal,  together  with  the 
time,  terms  and  place  of  sale.  If  no  owner  appears  at  or 
before  the  time  of  sale  to  claim  said  animal,  the  public 
i  npounder  shall  sell  the  same  at  public  auction  to  the  high- 
est bidder  for  cash.  And  all  moneys  arising  from  such 
sale,  after  deducting  the  fees  of  the  public  impounder,  shall 


IMPOUNDING  LIVE  STOCK.  467 

be  paid  into  the  city  treasury  by  the  public  impounder  for  the 
general  fund.  [R.  0.  1888,  Chap.  SI,  Art.  2,  Sec.  2.  Amended 
G.  O.  No.  557. 

SEC.  3.  No  other  compensation  except.  —  The 
compensation  of  the  public  impounder  shall  in  no  wise  exceed 
the  amount  of  fees  as  provided  in  this  ordinance  and  the 
ordinance  relating  to  dogs,  and  all  expenses  of  every  kind, 
except  the  cost  of  advertisements  required  by  the  last  pre- 
ceding section,  (which  shall  be  paid  by  the  city),  shall  be  paid 
by  the  public  impounder.  [ft.  O.  1888,  Chap.  31,  Art.  <2, 
Sec.  3. 

SEC.  4.  Must  not  be  obstructed. — No  person  shall 
obstruct  the  public  impounder  or  his  assistants  in  the  lawful 
discharge  of  their  duties  as  provided  in  this  ordinance.  \_R.  O. 
1888,  Chap.  31,  Art.  2,  Sec.  4- 

SEC.  5.  Report  to  comptroller. — The  public  im- 
pounder shall,  on  the  first  day  of  each  month,  report  to  the 
city  comptroller  the  amount  of  receipts  and  the  expenses 
incurred  in  enforcing  the  provisions  of  this  ordinance  and  the 
ordinance  relating  to  dogs.  [R.  O.  1888,  Chap.  31,  Art.  2, 
Sec.  5. 

SEC.  6.  Animal  not  to  be  turned  out. — No  person 
shall  turn  loose  or  cause  to  be  turoed  loose  from  any  pen  or 
enclosure,  any  animal  for  the  purpose  of  causing  the  same  to 
be  impounded.  [R.  O.  1888,  Chap.  31,  Art.  2,  Sec.  6. 

SEC.  7.     City    clerk    to   attend   sales   and   keep 

record. — The  city  clerk  or  some  one  authorized  to  act  in  his 
stead,  shall  attend  all  sales  of  animals  made  under  the  pro- 
visions  of  this  ordinance,  keep  a  record  of  such  sale,  a  minute 
description  of  the  article  sold,  date  of  sale,  price  paid  and  to 
whom  sold;  and  shall  make  and  certify  to  a  copy  of  such 
record  when  required  so  to  do  by  any  city  officer  for  his 
exclusive  use.  To  this  end  it  shall  be  the  duty  of  the  public 
impounder  to  notify  said  clerk  of  the  time  and  place  of  sale  of 
any  animal.  [R.  0.  1888,  Chap.  31,  Art.  2,  Sec.  7. 


468  GENERAL  ORDINANCES. 

SEC.   8.     Penalty  for  failing  to  comply,  etc. — Any 

person  violating,  failing,  neglecting  or  refusing  to  comply 
with  any  provision,  regulation  or  requirement  of  this  ordi- 
nance shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  before  the  judge  of  the  police  court,  shall 
be  fined  not  less  than  five  dollars  nor  more  than  five  hundred 
dollars.  [R.  O.  1888,  Chap.  21,  Art.  0,  Sec.  8. 


CHAPTEK  XXXIX. 

INSPECTOR  OF  LICENSES,  WEIGHTS  AND  MEASURES. 

SECTION  SECTION 

1.  Office  created ;  term  of  office.  6.    Proper  standard  must  be  used  for 

2.  Duties  of  inspector.  testing. 

3.  Fees  and  compensation.  7.    Duty    of      inspector     to     require 

4.  Penalty  for  refusing  to  have  meas-  license. 

ure  tested.  8.    Additional  fees  on  conviction,  etc. 

5.  Penalty  for  using  false  measure. 

SECTION  1.  Office  of  inspector  created — appoint- 
ment— term — bond. — There  shall  be  appointed  in  the  city 
of  St.  Joseph,  by  the  mayor  thereof,  subject  to  confirmation 
by  a  majority  of  the  common  council,  an  officer  to  be  styled 
inspector  of  licenses,  weights  and  measures,  who  shall  hold 
his  office  for  a  term  of  two  years  and  until  his  successor  is 
duly  appointed  and  qualified,  and  before  entering  upon  his 
duties  he  shall  give  bond  in  the  sum  of  one  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of  said 
office.  [#.  O.  No.  611,  Sec.  1. 

SEC.  2.  General  duties  of. — It  shall  be  the  duty  of 
said  inspector,  when  any  place  of  business  is  first  opened  in 
the  city  where  scales,  weights  and  measures  or  other  instru- 
ments for  weighing  or  measuring  articles  of  merchandise  or 
other  things  for  purchase  or  sale,  are  used,  to  examine  and 
test  the  accuracy  of  such  scales,  weights,  measures  and  other 
instruments  of  weight  or  measurement,  and  to  seal  the  same 
when  found  or  made  correct  by  him  according  to  the  standard 
prescribed  by  the  United  States  and  the  state  of  Missouri. 


INSPECTOR  OF  LICENSES,  WEIGHTS  AND  MEASURES.        469 

For  such  first  inspection  said  inspector  shall  be  entitled  to 
charge  and  receive  for  his  services  in  examining,  testing  and 
sealing,  as  hereinbefore  required,  from  the  person  or  persons 
owning  or  using  such  instruments,  the  fees  as  provided  in 
section  three  of  this  ordinance.  Further  inspections  may  be 
made  from  time  to  time  by  the  inspector,  upon  his  own 
motion  or  at  the  request  of  any  other  person.  Upon  such 
subsequent  inspection  or  examination  no  fee  therefor  shall  be 
collected  from  the  person  or  persons  owning  or  using  the  same 
unless  the  scale,  weight  or  measure  so  inspected  be  found 
incorrect,  when,  arid  in  such  case,  a  like  fee  as  provided  for 
the  first  inspection  shall  be  charged  and  collected,  as  in  the 
first  instance.  If  such  subsequent  inspection  finds  the  scale, 
weight  or  measure  correct,  then  the  cost  of  such  inspection 
shall  be  charged  and  collected  from  the  person  or  persons  at 
whose  request  such  subsequent  inspection  was  made.  Before 
making  such  subsequent  inspection,  unless  it  be  on  his  own 
motion,  -the  inspector  may  require  any  person  requesting  such 
inspection  to  deposit  with  the  city  comptroller  a  sufficient 
amount  of  money  to  cover  the  cost  thereof  in  case  the  scale, 
weight  or  measure  or  other  instrument  complained  of  be  found 
correct,  in  which  case  the  comptroller  shall  pay  the  inspection 
fee  as  herein  provided  from  such  deposit  upon  the  request  of 
the  inspector.  Said  inspector  shall,  at  least  once  in  each  cal- 
endar year,  test  and  inspect  all  depot  or  track  scales  used  by 
common  carriers  within  said  city,  and  seal  the  same  when 
found  correct  as  hereinbefore  provided.  [6r.  0.  No.  511, 
Sec.  0. 

SEC.  3.  Fees  for  testing  and  sealing. — The  said 
inspector  shall  be  entitled  to  receive  for  examining,  testing 
and  sealing,  as  hereinbefore  provided,  the  following  fees,  to 
wit:  For  all  instruments  of  weight  of  capacity  not  exceeding 
two  hundred  pounds,  fifteen  cents;  of  capacity  of  over  two 
hundred  pounds  arid  less  than  six  hundred  pounds,  twenty-five 
cents;  of  capacity  over  six  hundred  pounds  and  less  than  two 


4:70  GENERAL  ORDINANCES. 

thousand  pounds,  fifty  cents;  of  capacity  over  two  thousand 
pounds,  one  dollar;  and  of  scales  used  in  weighing  hay,  grain, 
coal,  live  stock,  or  other  things  of  a  like  nature,  or  any  depot 
or  track  scales,  two  dollars  for  every  set  of  scales  so  tested 
and  sealed.  For  all  instruments  of  measurement,  as  follows: 
For  any  yard  stick,  dry  or  liquid  measure,  five  cents;  for  any 
set  of  measures,  twenty-five  cents.  [G.  0.  No.  511,  Sec.  3. 

SEC.  4.  Refusing  to  have  measure  tested  ;  pen- 
alty.— If  any  person  shall  fail  or  refuse  to  have  any  instru- 
ment of  weight  or  measurement  in  his  possession  or  use 
examined,  tested,  corrected  or  sealed  when  called  upon  for 
that  purpose  by  the  inspector,  as  herein  provided,  or  to  pay 
the  established  fee  for  the  same,  he  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  five  dollars  nor  more  than  five  hundred  dollars. 
[G.  0.  No.  511,  Sec.  4. 

SEC.  5.  Using  false  measure. — If  any  person  shall 
use  any  instrument  of  weight  or  measurement  in  the  purchase 
or  sale  of  any  article  of  merchandise  or  other  thing,  that  is 
incorrect  according  to  the  standard  prescribed  by  law  and  that 
has  not  been  tested  and  sealed  as  herein  provided,  or  if  any 
person  shall  alter  or  permit  to  be  altered  any  such  instrument 
which  has  been  so  sealed,  so  as  to  make  the  same  incorrect 
according  to  such  standard,  or  shall  use  any  such  instrument 
or  keep  the  same  for  use  in  the  purchase  or  sale  of  mer- 
chandise or  any  other  thing,  knowing  that  such  instrument  is 
incorrect,  whether  the  same  has  been  tested  and  sealed  or  not, 
such  persou  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  ten  nor 
more  than  five  hundred  dollars.  [G.  O.  No.  511,  Sec.  5. 

SEC.  6.  Proper  standard  must  be  used  for  test- 
ing.— If  the  standard  used  by  the  inspector  in  testing  any 
instrument  of  weight  and  measurement,  as  herein  provided, 
shall  at  any  time  be  different  from  that  prescribed  by  law  or 


INSUKANCE  COMPANIES.  471 

ordinance,  the  said  inspector  shall  for  such  use  thereof  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
be  fined  not  less  than  twenty  nor  more  than  five  hundred 
dollars.  [G.  O.  No.  511,  Sec.  6. 

SEC.   7.     Duty  of  inspector  to  require  license.— 

It  shall  be  the  duty  of  said  officer,  as  inspector  of  licenses,  to 
ascertain  what  licenses  are  required  by  the  ordinances  of  the 
city,  and  to  see  that  no  person  is  engaged  in  any  business  or 
calling  within  the  limits  of  the  city,  wherein  a  license  is 
required,  without  first  having  obtained  such  license,  and  to 
report  all  persons  found  so  engaged,  to  the  city  attorney  for 
prosecution.  \_G.  0.  No.  611,  Sec.  7. 

SEC.   8.     Additional  fees  on  conviction,  etc. — In 

addition  to  the  fees  hereinbefore  provided  for,  the  said  in- 
spector shall  be  entitled  to  receive  as  pay  for  his  services  as 
inspector  of  licenses,  such  annual  salary  as  may  by  ordinance 
be  prescribed,  and  in  any  case  where,  upon  information  given 
by  said  inspector,  a  conviction  of  the  offender  shall  be  had, 
and  the  costs  shall  be  made  out  of  the  defendant,  the  said 
inspector  shall  be  entitled  to  a  fee  of  two  dollars,  which  shall 
be  taxed  up  and  collected  as  costs  against  the  defendant  in 
such  case,  but  no  such  fee  shall  be  paid  to  said  inspector  until 
collected  from  said  defendant.  [G.  O.  No.  511,  Sec.  8. 

CHAPTER  XL. 
INSURANCE  COMPANIES. 

SECTION.  SECTION. 

1.    Insurance  company,  license  for.  2.    Penalty  for  doing  business  without 

license. 

SECTION  1.  Insurance  company — license.— rNo  per- 
son or  association,  or  companies  of  persons  or  corporation, 
shall  carry  on  in  this  city,  in  person  or  by  agent,  the  business 
of  any  kind  of  insurance  without  a  license  for  that  purpose, 
and  the  charge  for  such  license  shall  be  fifty  dollars  per  year, 
and  no  license  shall  be  issued  for  a  shorter  period  than  one 


472  GENERAL  ORDINANCES. 

year.  Said  license  shall  permit  the  insurance  company  secur- 
ing the  same  to  establish  but  one  agency  in  said  city  on  said 
license.  Any  person  or  association  or  company  of  persons  or 
corporation,  desiring  to  have  more  than  one  agency  in  this  city, 
shall  be  required  to  take  out  a  separate  license  for  each  agency, 
and  the  charge  for  such  license  for  each  additional  agency  shall 
be  fifty  dollars  per  year.  Nothing  in  this  section  shall  be  so 
construed  as  to  relieve  any  person  acting  as  agent  for  such 
companies  from  the  payment  of  a  license  as  insurance  agent. 
[G.  O.  No.  441,  Sec.  52. 

SEC.  2.    Doing  business  without  license — penalty. 

—It  shall  be  unlawful  within  the  limits  of  the  city  for  any  per- 
son to  act  as  agent  or  adjuster  for  any  insurance  company  not 
having  paid  the  license  herein  required,  and  any  person  or 
copartnership  of  persons  acting  for  any  company  or  companies 
not  having  paid  said  license  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  fined  in  a  sum  not  less 
than  one  hundred  dollars.  \_G.  0.  No.  441>  Sec.  53. 


CHAPTER  XLT. 

INTELLIGENCE  OFFICES. 

SECTION  SECTION 

1.  Intelligence  office,  license  for.  3.    Penalty  for  fraud  or  deception, 

2.  License,  how  obtained. 

SECTION  1.  Intelligence  offices — license. — No  per- 
son shall  establish  or  keep  any  intelligence  office  within  the 
city  of  St.  Joseph,  for  the  purpose  of  obtaining  places  or  em- 
ployment for  male  or  female  family  domestic  servants  or  other 
laborers,  or  for  procuring  or  giving  information  concerning 
such  places  for  or  to  such  domestics,  servants  or  laborers,  or 
for  procuring  or  giving  information  concerning  such  domestics, 
servants  or  laborers,  for  or  to  employers,  without  a  license 
therefor  from  said  city,  and  the  charge  for  such  license  shall 
be  twenty-five  dollars  per  year.  [  G.  O.  No.  441?  Sec.  5%.. 


JUNK  DEALERS.  473 

SEC.  2.  License — how  obtained. — The  application 
for  such  license  shall  be  in  writing,  and  shall  state  where  the 
proposed  intelligence  office  shall  be  kept,  and  shall  be  endorsed 
by  a  police  commissioner  or  the  chief  of  police,  to  the  effect 
that  the  applicant  is  a  person  of  good  moral  character.  [G. 
O.  No.  441,  Sec.  55. 

SEC.  3.  Penalty  for  "fraud  or  deception. — Any 
person  keeping  an  intelligence  office,  as  aforesaid,  who  shall, 
directly  or  indirectly,  make  use  of  any  improper  device,  deceit, 
false  representation,  false  pretense,  or  any  imposition  what- 
soever, for  any  improper  purpose,  or  for  the  purpose  of  obtain- 
ing a  fee,  money,  gratuity  or  other  thing  of  value,  from  any 
customer,  person  or  persons,  or  who  shall  ask,  demand  or  re- 
ceive any  unusual  or  exorbitant  fee  for  any  service  rendered, 
shall  on  conviction  be  fined  in  a  sum  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars,  and  the  license  of  such 
person  shall  thereby  become  forfeited  and  he  shall  be  incompe- 
tent thereafter  to  receive  a  license  as  keeper  of  an  intelligence 
office.  [#.  O.  No.  441,  Sec.  56. 

[Penalty  for  violating  Sec.  1  of  this  Chap,  prescribed  in 
Sec.  20,  Chap,  entitled  u  Licenses."] 

CHAPTER  XLII. 
JUNK  DEALERS. 

SECTION.  SECTION. 

1.  Junk  shop,  license  for.  3.    Shall  keep  record  of  purchases. 

2.  Junk  dealer,  license  for.  *          4.    Penalty. 

SECTION  1.  Junk  shop,  license. — No  person  shall 
keep  or  carry  on  or  take  part  in  keeping  or  carrying  on,  any 
junk  shop  without  a  license  therefor  from  said  city,  and  the 
charge  for  such  license  shall  be  twenty -five  dollars  per  year. 
Any  stand,  stall,  store,  room  or  place  used  or  occupied  for  the 
purpose  of  buying,  selling,  offering  for  sale,  trading  or  deal- 
ing in  old  iron,  lead,  brass,  steel,  copper  or  other  metal,  rags 
or  paper,  shall  be  deemed  a  junk  shop.  \_G.  0.  No.  441, 
Sec.  57. 


474  GENERAL  ORDINANCES. 

SEC.  2.  Junk  dealer,  license. — Any  person  who  shall 
be  engaged  as  a  regular  business  in  going  from  house  to  house, 
and  place  to  place  in  said  city,  and  buying  old  iron,  lead, 
brass,  steel,  copper  or  other  metals,  rags  or  paper,  shall  be 
deemed  a  junk  dealer,  and  no  person  shall  engage  in  such  bus- 
iness without  first  having  obtained  a  license  therefor  from  said 
city,  and  the  charge  for  such  license  shall  be  five  dollars  per 
year.  [#.  0.  No.  441,  Sec.  58. 

SEC.  3.  Shall  keep  record  of  purchases. — Every 
person,  keeping  or  carrying  on,  or  taking  any  part  in  keeping 
or  carrying  on,  any  junk  shop  shall  keep  a  register,  in  which 
he  shall,  at  the  time  of  purchase  or  receipt,  enter  the  names 
and  residence  of  all  persons  from  whom  he  shall  purchase  or 
receive  any  old  iron,  lead,  brass,  steel,  copper  or  other  metals, 
rags  or  paper  ;  and  he  shall  keep  such  register  open,  at  all 
times,  to  the  examination  or  inspection  of  any  person  asking 
or  demanding  the  same.  He  shall,  also,  at  all  times,  permit 
and  allow  any  person  demanding  the  same,  to  examine  and  in- 
spect all  old  iron,  lead,  brass,  steel,  copper  or  other  metals, 
rags  or  paper,  or  any  other  article  or  thing  whatsoever,  kept 
or  stored  in  or  around  such  junk  shop.  [G.  O.  No.  441, 
Sec.  59. 

SEC.  4.  Penalty. — Any  person  violating,  failing,  neg- 
lecting or  refusing  to  comply  with  any  provision,  regulation  or 
requirement  of  the  next  three  preceding  sections,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than 
five  hundred  dollars.  [G.  O.  No.  441,  Sec.  60. 


LICENSES. 


475 


CHAPTER  XLIIi. 


LICENSES. 

SECTION  SECTION 

1.  License  required,  for  what.  7. 

2.  Agents,  solicitors,  etc.  8. 

3.  Brokers,  dealers  in  stocks,  etc.  9. 

4.  Commission    merchant,   live    stock  10. 

commission  merchant,  corn  doc-  11. 
tor,  manicure,  coal  dealer  or  coal 

agent,   costumer.   clairvoyant  or  12. 

fortune  teller.  13. 

5.  Ball  park,  grain   dealer,   horse  or  14. 

cattle    dealer,    private    venereal  15. 
hospital,  hawker,  laundry,  dealer 
in  opera  tickets,  ordinary  or  res-  16. 
taurant,    ice    cream     parlor     or  17. 
dealer  or  oyster  parlor,  photog- 
rapher, sale  stable,  feed  or  board-  1^ 
ing  stable,   second  hand  dealer,  19 
wagon  yard,  commercial  agency, 
wood  dealer  or  agent.  20. 

6.  Loaning  money  on  chattels,  etc. 


Itinerant  vendor  of  drugs,  etc. 

The  word  "person"  defined. 

Term  of  license,  etc. 

All  licenses  to  be  posted. 

Inspector  of  licenses  shall  keep  a 
record, etc. 

License  must  be  paid  for. 

Treasurer  shall  give  receipt. 

License  to  be  signed  by  auditor. 

Auditor  to  keep  register  of  all 
licenses. 

Auditor  shall  preserve  receipt. 

May  be  issued  to  two  or  more 
jointly. 

Will  protect  employe,  when. 

Shall  specify  location ;  how  trans- 
ferable. 

Penalty  for  violating,  etc. 


SECTION  1.     License  required   for   what. — All  the 

various  objects,  subjects,  persons,  trades,  vocations  and  occu- 
pations within  the  city  of  St.  Joseph  shall  be  licensed,  taxed 
and  regulated  as  in  this  ordinance  provided.  \_G.  0.  No.  441, 
Sec.  1. 

SEC.  2.  Agents,  license  required  for. — No  person 
shall  engage  in  or  carry  on  the  business  of  agent  for  any  of 
the  occupations  hereinafter  mentioned  without  a  license  from 
said  city,  and  the  charge  for  such  license  shall  be  as  follows: 

Insurance  agent. — Ten  dollars  per  year.  An  insurance 
agent  shall  be  held  to  mean  every  person,  firm  or  corporation 
acting  as  an  agent  for  any  kind  of  an  insurance  company,  and 
keeping  an  account  with  said  insurance  company  for  money 
collected  or  money  remitted. 

Claim  and  collection  agent. — Twenty-five  dollars  per 
year.  A  claim  and  collection  agent  shall  be  held  to  mean 
any  person  who  exercises  the  business  of  collecting  for  others, 
for  hire,  claims  against  the  government,  or  against  corpora- 


476  GENERAL  ORDINANCES. 

tions  or  private  individuals;  provided,  that  this  section  shall 
not  apply  to  collections  made  by  attorneys  at  law  in  the 
ordinary  prosecution  of  the  business  of  their  profession. 

Brewer's  agent. — One  hundred  dollars  per  year. 

Manufacturer's  agent. — Twenty-five  dollars  per  year. 
Any  person,  firm  or  corporation  who  stores  and  distributes 
goods  for  the  manufacturer,  and  who  does  not  purchase  the 
same,  shall  be  held  to  be  a  manufacturer's  agent. 

Commercial  agent. — One  hundred  dollars  per  year.  Any 
person,  firm  or  corporation  having  a  place  of  business  in  this 
city  where  orders  for  the  sale  and  delivery  of  goods  are  taken, 
and  where  a  stock  of  goods  is  not  kept  regularly  on  hand  for 
for  sale,  is  hereby  declared  to  be  a  commercial  agent. 

Financial  agent  or  broker. — One  hundred  and  fifty  dollars 
per  year.  Every  person,  firm  or  corporation,  other  than 
licensed  banks  or  persons  loaning  money  on  chattels  or  chattel 
mortgages,  or  pawnbrokers,  who,  for  a  commission  or  other 
compensation,  negotiates,  obtains  or  effects  loans  of  money  on 
real  estate  security,  or  on  collateral  security  or  personal  guar- 
antees, or  who  effects  or  negotiates  for  the  sale  or  purchase  of 
stocks,  bonds,  bills  of  exchange,  bullion,  coined  money  or 
other  money  or  currency,  promissory  notes  or  other  securities, 
for  others,  is  hereby  declared  to  be  a  financial  agent  or  broker. 

Sewing  machine  agent  or  dealer.  —  Fifty  dollars  per 
year.  Any  person  who  maintains  a '  place  of  business  for 
the  sale  or  exchange  of  sewing  machines  belonging  to  any 
other  person  or  corporation  and  on  the  sale  of  which  he  is  to 
receive  a  commission,  is  hereby  declared  to  be  a  sewing 
machine  agent  or  dealer. 

Sewing  machine  solicitor. — Ten  dollars  per  year.  Any 
person  who,  at  any  place  *in  the  city  other  than  his  regu- 
lar place  of  business,  solicits  for  the  sale  or  exchange  of  sew- 
ing machines,  is  hereby  declared  to  be  a  sewing  machine 
solicitor. 


LICENSES.  477 

House  and  real  estate  agent  and  real  estate  broker.  — Ten 
dollars  per  year.  Every  person,  or  firm  composed  of  one  or 
more  persons,  who  shall  act  as  agent  for  any  party  in  the  leas- 
ing, renting  or  selling  of  houses  or  real  estate  at  private  or 
public  sale,  or  who  shall  receive  or  collect  rents  for  another 
for  a  commission  or  other  compensation,  or  who  shall  adver- 
tise or  hang  out  any  sign  or  device  which  shall  designate  him 
as  an  agent  for  the  renting,  collecting  rents,  leasing  or  selling 
of  houses  or  real  estate,  shall  be  considered  as  house  and  real 
estate  agents.  A  real  estate  broker  or  agent  is  one  who,  for 
compensation  or  commission,  is  engaged  in  the  buying  or 
selling  for  others,  or  who  negotiates  sales  of  real  estate  belong- 
ing to  others.  [  G.  O.  No.  441,  Sec.  10. 

SEC.  3.  Broker. — No  person,  firm  or  corporation  shall 
engage  in  or  carry  on  the  business  of  a  broker  in  this  city 
without  a  license  therefor,  and  the  charge  for  such  license  shall 
be  as  follows: 

Money  broker,  money  changer,  or  dealer  in  stocks  or  bonds. 
—One  hundred  and  fifty  dollars  per  year. 

Insurance 'broker. — Fifty  dollars  per  year.  Any  person 
who  shall,  in  favor  of  any  person,  firm  or  corporation,  for 
commission  or  compensation,  effect  or  place,  or  cause  to  be 
effected  or  placed,  or  shall  negotiate  for  or  obtain  authority  to 
effect  or  place  any  insurance  or  insurance  risks  in  any  insur- 
ance company  of  which  he  is  not  an  accredited  agent,  is  hereby 
declared  to  be  an  insurance  broker.  \_G.  0.  No.  441,  8#G-  15. 

SEC.  4.  Commission  merchant,  live  stock  com- 
mission merchant,  corn  doctor,  manicure,  coal 
dealer  or  coal  agent,  costumer,  clairvoyant  or  for- 
tune teller. — No  person  or  persons  shall  engage  in  or  carry 
on  the  occupation  of  commission  merchant,  live  stock  com- 
mission merchant,  corn  doctor  or  manicure,  coal  dealer  or  coal 
agent,  costumer,  clairvoyant  or  fortune  teller,  without  first 
having  obtained  a  license  therefor  from  said  city  and  the  charge 
for  such  license  shall  be  as  follows: 


478  GENERAL  ORDINANCES. 

Commission  merchant.  --  Twenty-five  dollars  per  year. 
Any  person,  firm  or  corporation,  who  shall  receive  consign- 
ments of  goods,  wares,  merchandise  or  produce  to  be  sold  for 
or  on  account  of  consignor  for  a  commission  or  other  compen- 
sation, or  who  receives  consignments  of  goods,  wares,  mer- 
chandise or  produce  not  purchased  or  ordered  by  him  previous 
to  shipment,  but  left  with,  or  shipped  to  him  to  be  sold  at  the 
market  price,  or  who  advertises  as  a  commission  merchant 
through  any  newspaper  or  by  his  office  stationery,  shall  be  held 
to  be  a  commission  merchant. 

Livestock  commission  merchant. — Twenty-five  dollars  per 
year. 

Corn  doctor  or  manicure. — Ten  dollars  per  year. 

Coal  dealer  or  coal  agent. — Twenty-five  dollars  per  year. 

Costumer. — Ten  dollars  per  year. 

Clairvoyant  or  fortune  teller. — Fifty  dollars  per  year. 
[#.  O.  No.  441,  Sec.  21. 

SEC.  5.  Keeper  of  base  ball  park,  grain  dealer, 
horse  or  cattle  dealer,  keeper  of  private  venereal 
hospital,  hawker,  keeper  of  laundry,  dealer  in 
opera  tickets,  ordinary  or  restaurant,  ice  cream 
parlor  or  dealer  or  oyster  parlor,  photographer, 
sale  stable,  feed  or  boarding  stable,  second  hand 
dealer,  wagon  yard  proprietor,  commercial  agency, 
wood  dealer  or  agent. — No  person,  firm  or  corporation 
shall  engage  in  or  carry  on,  in  this  city,  any  of  the  following 
trades,  occupations  or  vocations,  to  wit:  Keeper  of  base  ball 
park,  grain  dealer,  horse  or  cattle  dealer,  keeper  of  private 
venereal  hospital,  hawker,  keeper  of  laundry,  opera  ticket 
dealer,  keeper  of  ordinary  or  restaurant,  ice  cream  parlor  or 
dealer,  oyster  parlor,  photographer,  keeper  of  sale,  feed  or 
boarding  stable,  dealer  in  second  hand  goods,  wagon  yard  pro- 
prietor, commercial  agency,  or  wood  dealer  or  agent,  without 
a  license  from  said  city  and  the  charge  for  such  license  shall 
be  respectively  as  follows: 


LICENSES.  479 

Keeper  of  base  ball  park. — Twenty-five  dollars  per  year. 

Grain  dealer. — Twenty-five  dollars  per  year.  Any  per- 
son, firm  or  corporation  who  maintains  a  place  of  business  for 
the  purpose  of  buying  or  selling  grain,  whether  such  grain  is 
within  the  city  or  not,  is  hereby  declared  to  be  a  grain  dealer. 

Horse  or  cattle  dealer. — Twenty-five  dollars  per  year. 

Private  venereal  hospital.  — Fifty  dollars  per  year. 

Hawker. — Ten  dollars  per  month  or  fifty  dollars  per  year. 
Any  person  who  engages  in  the  selling  of  goods,  wares  or 
merchandise,  or  books,  by  crying  aloud  on  any  street  or  side- 
walk, vacant  lot  or  other  public  place,  is  hereby  declared  to  be 
a  hawker. 

Keeper  of  a  laundry. — Twenty-five  dollars  per  year. 

Dealer  in  opera  tickets. — Fifty  dollars  per  week.  Any 
person  not  in  the  employ  of  the  persons  or  corporations  owning 
or  operating  places  of  public  amusement  in  this  city,  who 
shall  sell,  offer  or  keep  for  sale,  or  hawk  for  sale,  tickets  of 
admission  for  places  of  public  amusement,  is  hereby  declared 
to  be  a  dealer  in  opera  tickets  :  Provided,  that  this  shall  not 
include  any  person  who  may  sell  tickets  to  charitable,  benevo- 
lent or  religious  entertainments,  or  for  charitable,  benevolent 
or  religious  purposes. 

Keeper  of  ordinary  or  restaurant. — Ten  dollars  per  year. 
A  keeper  of  an  ordinary  is  one  who  sells  or  offers  for  sale,  in 
house,  cellar,  booth,  shed  or  stand,  any  article  of  meat,  fruit 
or  other  food  to  be  used,  eaten  or  consumed  in  or  at  the  place 

of  sale. 

i 

Ice  cream  parlor  or  dealer ,  or  oyster  parlor ,  or  both. — Ten 
dollars  per  year. 

Photographer. — Fifteen  dollars  per  year. 

Keeper  of  sale,  feed  or  boarding  stable  (or  other  place  where 
stock  is  sold  or  kept  for  sale  within  the  city.) — Fifteen  dollars 
per  year. 

Second  hand'  dealer. — Fifteen  dollars  per  year. 


480  GENERAL  ORDINANCES. 

Wagon  yard  proprietor. — Ten  dollars  per  year. 

Commercial  agency. — One  hundred  dollars  per  year. 

Wood  dealer  or  Agent  — Five  dollars  per  year.  Any  per- 
son, firm  or  corporation  who  shall  engage  in  selling  or  offering 
for  sale,  either  from  a  yard,  car,  wagon  or  other  place  within 
the  city,  or  for  future  delivery,  wood  which  is  not  the  product 
of  his  or  their  own  land,  is  hereby  declared  to  be  a  wood 
dealer  or  wood  agent.  [G.  O.  No.  441?  Sec.  J+3. 

SEC.  6.  Loaning  money  on  chattels.— No  person, 
persons,  company  or  corporation  shall  engage  in  the  business 
of  loaning  money  on  chattels  or  chattel  mortgages  without  a 
license  therefor  from  said  city,  and  the  charge  for  such  license 
shall  be  fifty  dollars  per  year.  The  loaning  of  money  on  chat- 
tels or  chattel  mortgages  by  any  person,  persons,  company  or 
corporation  within  the  meaning  of  this  section,  shall  be  taken 
and  defined  to  mean  all  persons  who  carry  on  the  business  of 
loaning  to,  procuring  for  or  causing  to  be  loaned  to,  or  pro- 
cured for,  another  person  or  corporation,  any  money  on  chat- 
tels or  chattel  mortgages,  as  security  for  the  payment  of  such 
loan  or  money,  or  who  carry  on  the  business  of  endorsing 
notes  or  other  instruments,  or  who  cause  to  be  endorsed,  notes 
or  other  instruments  to  be  delivered  to  a  third  person  or  cor- 
poration for  the  purpose  of  procuring  a  loan  for  any  borrower 
who  shall  give  a  chattel  security  or  mortgage  for  such  loan  or 
money.  Any  person,  persons,  company  or  corporation  violat- 
ing any  of  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  exceeding  fifty  dollars  for  each  offense.  [G.  O. 
No.  441,  Sec.  67.  Amended  G.  0.  No.  459,  Sec.  1. 

SEC.  7.     Itinerant    vendor    of    drugs,    etc. — Any 

itinerant  vendor  of  any  drugs,  nostrum,  ointment,  or  appli- 
ance of  any  kind,  intended  for  the  treatment  of  disease  or 
injury,  or  who  shall,  by  writing  or  printing,  or  any  other 
method,  publicly  profess  to  cure  or  treat  diseases,  injuries  or 
deformities,  by  any  drug,  nostrum,  manipulation  or  other 


LICENSES.  481 

expedient,  shall  pay  to  the  city  a  license  fee  of  one  hundred, 
dollars  per  month,  to  be  collected  as  other  licenses  are  col- 
lected, and  any  person  engaging  in  such  occupation  without 
first  having  obtained  a  license  therefor,  shall,  on  conviction, 
be  fined  not  more  than  one  hundred  dollars  for  each  offense, 
and  each  day  of  such  violation  shall  be  deemed  a  separate 
offense.  [G.  0.  No.  441,  Sec.  106. 

SEC.  8.  The  word  "person"  defined. — The  word 
''person, "  wherever  used  herein,  shall  include  the  plural  num- 
ber and  corporation  in  all  cases  where  the  words,  corporation 
or  corporations  are  not  used.  \_G.  O.  No.  441,  Sec-  107. 

SEC.  9.  Term  of  license,  etc. — All  licenses  issued 
by  this  city  shall  terminate  and  expire  one  year  from  the  time 
such  business  was  commenced,  or  in  case  of  a  renewal,  one 
year  from  the  expiration  of  the  former  license,  except  when  it 
is  especially  provided  for  a  shorter  period  than  one  year.  The 
date  of  expiration,  together  with  the  date  of  issue  and  the 
name  and  address  of  the  licensee,  shall  be  plainly  written  in 
the  license,  and  no  license  shall  be  issued  for  a  less  sum  than 
two  and  one-half  dollars.  Any  license  issued  contrary  to  the 
provisions  herein  contained  shall  be  deemed  void.  \_G.  0. 
No.  44*1  Sec.  108. 

SEC.  10.  All  licenses  to  be  posted. — It  is  hereby 
made  the  duty  of  all  persons,  companies  or  corporations  doing 
business  in  this  city,  and  required  under  the  ordinances  of  the 
city  to  take  out  a  license  therefor,  to  post  such  license  in  a 
conspicuous  place  at  their  place  of  business.  Provided,  that 
any  person  engaged  in  any  calling  not  requiring  a  settled 
place  of  business  shall  carry  his  license  with  him  while 
engaged  in  the  transaction  of  such  business,  or  have  it  readily 
accessible  when  called  upon  to  show  it  by  any  police  or  other 
officer  of  the  city.  Any  person,  company  or  corporation  who 
shall  fail,  neglect  or  refuse  to  comply  with  the  provisions  of 
this  section  shall,  upon  conviction,  be  fined  in  a  sum  not 
exceeding  five  dollars.  [G.  0.  No.  441.  Sec.  109. 

35 


482  GENERAL  ORDINANCES. 

SEC.  11.  Inspector  of  licenses  must  keep  a  rec- 
ord, etc. — The  inspector  of  licenses,  weights  and  measures 
shall  keep  a  book  containing  a  complete  and  perfect  record  of 
all  licenses  issued,  showing  the  nature  of  the  license,  its  date, 
expiration  and  to  whom  issued.  In  order  that  said  record 
shall  be  complete  and  perfect,  the  city  auditor  shall  furnish 
said  inspector,  at  the  end  of  every  week,  a  complete  list  of  all 
licenses  issued  during  each  week,  showing  the  nature  of  the 
license,  its  date,  expiration  and  to  whom  issued.  At  the  end 
of  each  month  both  said  auditor  and  said  inspector  shall  fur- 
nish the  city  attorney  a  list  of  all  persons  delinquent  in  license 
dues.  [G.  O.  No.  441,  Sec.  110. 

SEC.   12.     License   must   be    paid    for. — The    city 

aaditor  shall  not  furnish  any  license  until  the  party  applying 
for  the  same  shall  have  paid  into  the  city  treasury  the  sum  of 
money  charged  therefor  by  ordinance.  [G.  O.  No.  441, 
Sec.  111. 

SEC.  13,  Treasurer  must  give  receipt. — The  city 
treasurer  shall,  upon  payment  to  him  of  the  charge  for  any 
license,  give  a  receipt,  stating  the  amount  paid,  the  nature  of 
the  license  desired,  for  what  time  and  to  whom  to  be  issued. 
The  receipt  shall  be  delivered  to  the  city  auditor,  who  shall  at 
once  issue  to  the  proper  party  the  license  desired.  \_G.  O. 
No.  441,  Sec.  112. 

SEC.  14.  License  to  be  signed  by  auditor. — All 
licenses  shall  be  signed  by  the  city  auditor  and  countersigned 
by  the  city  comptroller,  and  shall  be  invalid  for  all  purposes 
until  so  signed  and  countersigned.  The  comptroller  shall  pre- 
scribe the  form  of  all  licenses.  \_G.  0.  No.  441 1  Sec.  113. 

SEC.  15.     Auditor  to  keep  record  of  licenses.— 

The  auditor  shall  keep  a  register  of  all  licenses,  showing  their 
nature,  date,  expiration  and  to  whom  issued.  \_G.  0.  No.  441, 
Sec.  114. 

SEC.  16.  Auditor  shall  preserve  receipts.— The 
auditor  shall  preserve  the  receipts  given  by  the  treasurer  for 


LICENSES.  483 

charges  paid  for  licenses,  and  shall  immediately  charge  the 
treasurer  with  the  amount  of  such  receipts.  [G.  O.  No.  441? 
Sec.  115. 

SEC.  17.  May  be  issued  to  two  or  more  jointly. 
— A  license  may  be  issued  to  any  corporation,  association  or 
partnership,  or  to  two  or  more  persons  engaged  in  any  joint 
enterprise,  the  same  as  to  a  single  person  and  for  the  same 
charge.  \_G.  0.  No.  441,  Sec.  116. 

SEC.  18.  Will  protect  employe,  when. — Licenses 
in  favor  of  employers  shall  protect  the  employe  of  the  person, 
partnership,  association  or  corporation,  including  officers  of 
corporations,  engaged  by  the  licensee  or  licensees  in  conducting 
or  carrying  on  the  business,  trade  or  vocation  licensed,  at  the 
placed  named  in  the  license,  except  where  such  employe 
receives  compensation  other  than  a  regular  salary.  \_G.  0. 
No.  W,  Sec.  117. 

SEC.  19.  Shall  specify  location — how  transfer- 
able.— All  licenses  hereafter  issued  under  any  ordinance  of 
this  city,  shall  state  the  street  and  street  number  or  locality 
where  business  is  authorized  to  be  carried  on  under  such 
licenses,  and  the  same  can  only  be  used  by  the  party  or  parties 
to  whom  issued  :  Provided,  that  whenever  a  party  to  whom 
such  license  may  be  issued  shall  sell  his  stock  and  business  in 
good  faith,  he  may,  with  the  approval  of  the  license  inspector, 
transfer  the  license  to  the  purchaser,  who  can  use  such  assigned 
license  only  at  the  stand  or  place  mentioned  therein  ;  the 
license  inspector  shall  report  all  such  transfers  to  the  auditor 
and  comptroller,  who  shall  keep  a  record  of  all  transfers.  \_G. 
O.  No.  441,  Sec.  118. 

SEC.  20.  Penalty  for  violating,  etc. — Any  person 
who  shall  violate,  fail,  neglect  or  refuse  to  comply  with  any 
provision,  regulation  or  requirement  herein  contained,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall,  in  case  the  defendant  is  prosecuted  for  having  failed  to 
take  out  and  have  a  license  authorizing  such  person  to  conduct 


484  GENERAL  ORDINANCES. 

such  business  or  avocation,  be  fined  in  a  sum  not  less  than  the 
smallest  amount  herein  required,  to  be  paid  to  procure  such 
license,  except  where  otherwise  specifically  provided,  and  in 
any  other  case  where  no  special  penalty  is  provided,  a  sum  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars  : 
Provided,  that  whenever  any  person  shall  be  brought  before 
the  judge  of  the  police  court  cnarged  with  carrying  on  any 
business  or  avocation  herein  specified  without  having  a  license 
therefor,  and  such  person  shall  after  his  arrest  procure  the 
license  required,  and  shall  enter  a  plea  of  guilty  to  such  charge, 
said  judge  shall  in  addition  to  costs  enter  a  fine  against  said 
person  of  not  to  exceed  twenty-five  dollars.  [G.  O.  No.  44-1, 
Sec.  119. 

CHAPTER  XLIV. 
LIVERY  STABLES. 

SECTION.  SECTION. 

1.    Livery  stables,  license,  etc.  *  2.    Penalty. 

SECTION  1.  Livery  stables,  license,  etc. — It  shall 
not  be  lawful  for  any  person,  firm  or  corporation  to  carry  on 
or  conduct  the  business  of  a  livery  stable  in  this  city  without  a 
license  therefor,  and  the  charge  for  such  license  shall  be 
twenty-five  dollars  per  year,  and  no  license  shall  be  issued  for 
a  less  period  than  one  year.  Such  license  shall  permit  the  do- 
ing of  a  regular  livery  business,  including  the  boarding  of 
horses,  but  shall  not  be  held  to  permit  the  running  thereunder 
of  a  regular  street  hack,  hackney  carriage  or  omnibus.  [  G.  O. 
No.  442,  Sec.  1. 

SEC.  2.  Penalty. — Any  person  violating,  failing,  neg- 
lecting or  refusing  to  comply  with  any  provision,  regulation  or 
requirement  of  the  preceding  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  one  dollar  nor  more  than  twenty-five  dollars. 
[G.  O.  No.  W.  Amended  G.  O.  No.  498. 


MARKETS. 


485 


CHAPTER  XLV. 
MARKETS. 

ARTICLE  I — MARKETS;  REGULATIONS  FOR. 
II — MARKET  MASTER. 

ARTICLE  I. 
MARKETS— REGULATIONS   FOR. 


10. 


SECTION. 

11.  Killing    and   dressing    animals, 

throwing  of  offal,  etc. 

12.  No    "gut   fat,"    heads   or   shanks 

permitted  at,  etc. 

13.  Lesees  only  to  sell  fresh  meat,  etc. 
Stalls  to    be    painted    and    white- 
washed. 

Vegetable  stands. 

Vehicle  to  stand  as  directed ;  price 

for  each  attendance. 
Hay  market. 
Same  ;  vehicles  to  stand  as  directed 

fees,  etc. 
Penalty. 


14. 


1."). 
16. 


17. 

18. 


111. 


SECTION. 

1.  Designation  and  location  of  mar- 

kets. 

2.  Market    master   to    keep    plat   of 

premises. 

3.  Public  buildings  committee  to  fix 

rental  of  stalls,  etc. 

Market  stalls,  etc.,  time  of  letting. 

Market  spaces  limited. 

Market  stalls,  cleanliness  of  to  be 
enforced. 

Lease  adjudged  forfeited,  when. 

Penalty  for  occupying  forfeited 
stall. 

Market,  open  when. 

Unwholesome  meats,  sale  of  pro- 
hibited. 

SECTION  1.     Markets  —  designation   and   location 

of. — The  west  half  of  block  number  thirty-one,  in  the  original 
town,  now  city,  of  St.  Joseph,  designated  as  the  market  square 
on  the  plat  of  said  town,  together  with  the  buildings  thereon, 
are  constituted  and  established  as  the  central  market  ;  the  east 
half  of  block  number  thirty-seven,  in  Patee's  addition,  desig- 
nated as  market  place  on  the  plat  of  said  addition,  together 
with  the  buildings  thereon,  are  constituted  and  established  as 
the  Patee  market.  [G.  0.  No.  516,  Sec.  1. 

SEC.   2.     Market    master    shall    keep   plat. — The 

market  master  shall  keep  a  plat  of  the  city  central  market 
premises,  designating  on  said  plat  the  space  to  be  occupied  by 
wagons  severally,  and  stands  and  stalls  outside  and  within. 
[G>  O.  No.  516,  Sec.  2. 

SEC.   3.     Public  buildings  committee  to  fix  rental 
of  stalls,  etc. — The  committee  on  public  buildings  before  the 


486  GENERAL  ORDINANCES. 

first  Monday  in  June  of  each  year  shall  meet  and  fix  the  rental 
of  each  space,  stand  or  stall  designated  on  the  plat  of  said 
premises  and  furnish  the  market  master  and  comptroller,  each 
a  schedule  of  such  rentals.  \_G.  O.  No.  516,  Sec.  3. 

SEC.  4.  Market  stalls,  etc. — when  offered  for 
lease. — At  ten  o'clock,  A.  M.  on  the  third  Monday  in  June  of 
each  year  the  market  master  shall  offer  for  lease,  publicly,  on 
the  premises  at  such  prices  as  may  be  fixed  in  the  schedule 
furnished  by  the  committee  on  public  buildings,  the  several 
spaces,  stands  or  stalls  designated  on  the  market  master's  plat. 
Every  person  leasing  any  space,  stall  or  stand  shall,  in  all 
cases,  be  required  to  pay  their  rent  monthly  in  advance.  No 
lease  shall  be  construed  to  authorize  any  other  person  except 
the  lessee  to  occupy  such  stall  or  stand,  nor  shall  the  same  be 
transferable.  [G.  0.  No.  516,  Sec.  4. 

SEC.  5.  Market  spaces  limited. — The  use  of  more 
than  three  feet  of  space  next  to  the  building  by  occupants  of 
stalls  in  the  market  house,  and  of  more  than  four  feet  of  space 
of  sidewalk  next  to  the  curbing  by  renters  of  wagon  stalls 
adjoining,  for  the  display  of  produce,  goods,  wares  or  mer- 
chandise of  any  kind  is  hereby  prohibited.  \_G.  O.  No.  516, 
Sec.  5. 

SEC.  6.  Market  stalls — cleanliness  of  to  be  en- 
forced.— It  is  hereby  made  the  duty  of  all  occupants  of  stalls 
in  the  market  building  to  keep  the  same  in  a  clean  and  sani- 
tary condition,  and  the  market  master  is  required  to  enforce 
the  provisions  of  this  section.  Any  failure  on  the  part  of  the 
occupants  of  stalls  to  comply  with  the  orders  of  the  market 
master  in  pursuance  of  this  ordinance,  shall  be  subject  to  eject- 
ment from  the  building.  [G.  O.  No.  516,  Sec.  6.  , 

SEC.  7.     Lease  adjudged  forfeited,  when.  —If  the 

lessee  of  any  stall  or  stand  shall  be  twice  convicted  of  violat- 
ing any  ordinance  or  any  lawful  rule  or  regulation  of  fehe 
market  master,  in  relation  to  markets,  his  lease  shall  be 
adjudged  forfeited;  and  it  shall  be  the  duty  of  the  market 


MARKETS.  487 

master  to  take  possession  of  the  same  in  behalf  of  the  city, 
and  to  lease  the  same  for  the  unexpired  term.  \G.  O.  No. 
516,  Sec.  7. 

SEC.  8.     Occupying    forfeited    stall  —  penalty. — 

If  any  lessee  of  any  stand  or  stall,  whose  lease  shall  have  been 
forfeited,  or  any  other  person  without  a  lease  or  permission  as 
herein  provided,  shall  hold,  use  or  occupy  any  stall  or  stand 
in  any  market  in  said  city,  he  shall  be  subject  to  a  tine  of  not 
less  than  five  dollars  for  each  and  every  day  he  shall  use  or 
occupy  such  stall  or  stand.  \_G.  O.  No.  516 ',  Sec.  8. 

SEC.  9.  Market  kept  open,  when. — Each  market 
shall  be  kept  open  from  the  dawn  of  the  day  until  ten  o'clock 
A.  M.  during  the  months  of  April,  May,  June,  July,  August 
arid  September;  and  until  eleven  o'clock  A.  M.  during  the 
months  of  October,  November,  December,  January,  February 
arid  March,  of  each  day  in  the  week,  except  Sunday,  and  may 
be  open  from  four  o'clock  till  eight  o'clock  in  the  afternoon 
on  Saturday;  and  the  market  master  shall  announce,  by  the 
ringing  of  a  bell,  the  closing  of  the  market  house,  at  least  ten 
minutes  before  the  time  of  closing.  [G.  0.  No.  516 ',  Sec.  9. 

SEC.  10.  Unwholesome  meats,  sale  of  prohib- 
ited.— No  person  shall  expose  for  sale,  in  any  market  or 
elsewhere,  in  said  city,  any  emaciated,  tainted  or  putrid  meat, 
or  the  flesh  of  any  diseased  animal,  or  provisions  which,  from 
these  or  other  causes,  may  be  deemed  unwholesome,  under  a 
penalty  of  not  less  than  twenty  dollars  nor  more  than  one 
hundred  dollars;  and  the  unwholesome  meat  or  other  pro- 
visions so  exposed  for  sale  shall,  without  delay,  upon  view  of 
the  market  master,  be  seized  and  destroyed.  [G.  O.  No. 
516,  Sec.  10. 

SEC:  11.  Killing  and  dressing"  animals,  throw- 
ing of  offal,  etc. — No  person  shall  kill  or  dress  any  animal 
in  any  market,  or  throw  or  permit  any  bones,  filth,  slop,  offal, 
water  or  other  liquid,  or  other  substance,  to  be  thrown  out  of 


488  GENERAL  ORDINANCES. 

the  doors  or  windows  or  around  any  market  (except  in  places 
which  may  be  provided  for  the  purpose),  or  sweep  or  deposit 
any  dirt  or  filth  of  any  description  in  or  upon  any  passage-way 
in  any  market,  or  in  or  upon  the  streets  adjacent  thereto. 
[G.  O.  No.  516,  Sec.  11. 

SEC.  12.  No  "gut  fat,"  heads  or  shanks  per- 
mitted at,  etc. — No  person  shall,  between  the  first  day  of 
May  and  first  day  of  November  in  any  year,  bring  into  or 
place,  or  suffer  or  permit  to  be  brought  into  or  placed,  in  any 
market,  any  untried  fat,  commonly  called  gut  fat,  nor  at  any 
time  or  season  the  heads,  shanks  or  feet  of  any  animal,  unless 
the  same  be  skinned  or  properly  cleansed,  nor  any  hides  or 
skins  of  any  kind,  except  the  hides  of  calves  (these  shall  be 
removed  from  the  market  as  soon  as  taken  from  the  veal), 
under  a  penalty  of  not  less  than  five  dollars  for  each  offense. 
[G.  O.  No.  516,  Sec.  18. 

SEC.  13.  Lessees  only  to  sell  fresh  meat,  etc.— 
No  person  other  than  lessees  of  butchers'  btalls  shall  sell  or 
offer  for  sale  in  market  any  fresh  meat,  except  venison,  in  less 
quantities  than  one  quarter.  \_G.  O.  No.  516,  Sec.  13. 

SEC.  14.     Stalls  to  be  painted  and  whitewashed. 

— The  lessees  of  the  butchers'  stalls  shall  each  cause  his  stall 
to  be  painted,  and  the  walls  thereof  to  be  whitewashed,  at 
least  once  in  each  year.  \_G.  O.  No  516,  Sec.  14- 

SEC.  15.  Vegetable  stands.— Every  occupant  of  a 
vegetable  or  other  stand  shall,  within  thirty  minutes  after  the 
ringing  of  the  bell  for  the  close  of  market,  cause  all  articles 
exposed  for  sale  at  such  stand  to  be  removed  therefrom  and 
all  offal  and  rubbish  to  be  removed  from  the  market,  and  all 
butchers  shall  cause  their  tables  and  meat  blocks  to  be  thor- 
oughly scraped  and  cleaned,  and  no  vehicle  shall  be  permitted 
to  remain  on  the  market  after  the  close  of  market  hours,  except 
by  permission  of  the  market  master.  [  G.  O.  No.  516,  Sec.  15. 

SEC.  16.  Vehicles  to  stand  as  directed — price  for 
each  attendance. — All  vehicles  in  which  articles  are  brought 


MARKETS.  489 

to  market  and  exposed  for  sale,  shall  stand  in  such  order  and 
manner  as  the  market  master  may  direct.  Every  person  at- 
tending the  central  market  with  a  wagon  or  other  vehicle,  occu- 
pying space  on  said  market,  or  who  shall  occupy  parts  of 
tables  and  stands  under  the  direction  of  the  market  master, 
for  the  purpose  of  selling  fruits,  vegetables,  game,  poultry, 
fish,  eggs,  butter,  lard  or  other  provisions,  or  farm  or  garden 
products,  shall  each  pay  to  said  market  master,  for  the  use  of 
the  city,  the  sum  of  ten  cents  for  each  market  attendance.  [6r. 
0.  No.  516,  Sec.  16. 

SEC.  17.  Hay  market — location  of. — The  north  half 
of  Lafayette  street,  between  Tenth  street  and  the  alle^  dividing 
block  37,  Patee's  addition,  and  the  west  half  of  Tenth  street 
for  a  distance  of  one  hundred  and  thirty-five  feet  north  of  La- 
fayette street,  is  hereby  designated  as  a  hay  market.  [6r.  O. 
No.  516,  Sec.  17. 

SEC.  18.  Same — vehicles  to  stand  as  directed— 
fees,  etc. — All  vehicles  in  which  hay,  grain,  feed  or  country 
produce  of  any  kind  are  brought  to  Patee  market  and  exposed 
for  sale,  shall  stand  in  t-uch  order  and  manner  as  the  weigh- 
master  shall  direct,  and  unless  said  vehicle  with  its  contents  is 
weighed  on  the  city  scales  on  said  market,  the  owner  or  driver 
or  other  person  in  charge  thereof,  shall  pay  to  said  weighmas- 
ter,  for  the  use  of  the  city,  the  sum  of  ten  cents  for  each 
attendance  at  the  market.  Any  driver,  owner  or  person  in 
charge  of  any  such  vehicle,  failing  or  refusing  to  comply  with 
the  provisions  of  this  section,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  punished  by  a  fine  of 
not  less  than  one  dollar  nor  more  than  twenty-five  dollars.  *[G. 
0.  No.  516,  Sec.  18. 

SEC.  19.  Penalty. — Any  person  who  shall  fail  or 
neglect  to  comply  with  any  or  either  of  the  foregoing  require- 
ments of  this  ordinance,  or  who  shall  violate  any  section, 
clause  or  provision  of  any  of  the  preceding  sections  thereof, 


490  GENERAL  ORDINANCES. 

where  no  penalty  is  especially  imposed,  shall  on  conviction  pay 
a  fine  of  not  less  than  two  dollars  nor  more  than  one  hundred 
dollars.  [G.  O.  No.  516,  Sec.  19. 


ARTICLE    II. 

MARKET  MASTER. 

SECTION  SECTION 

1.  Appointment ;  term  of  office ;  bond.  4.    To    weigh     articles ;     exposed   for 

2.  General  duties  of.  sale. 

3.  Market  master  must  report.  5.    Police  powers  of. 

SECTION  1.     Market  master,  appointment  of. — At 

the  first  stated  session  of  the  common  council  in  each  year,  it 
shall  be  the  duty  of  the  mayor  to  appoint,  by  and  with  the 
consent  of  the  common  council,  some  competent  person  as 
market  master  of  the  central  market,  who  shall  hold  his  office 
for  a  term  of  one  year  and  until  his  successor  is  duly 
appointed  and  qualified;  and  who  shall  receive  such  compensa- 
tion for  his  services  as  may  by  ordinance  be  prescribed,  and 
who  shall,  before  entering  upon  the  duties  of  his  office,  execute 
a  bond  to  the  city  of  St.  Joseph,  in  the  penal  sum  of  one 
thousand  dollars,  conditioned  for  the  faithful  performance  of 
the  duties  of  said  office.  [G.  O.  No.  522,  Sec.  1. 

SEC.  2.  General  duties  of,  etc. — It  shall  be  the 
duty  of  said  market  master  to  attend,  either  in  person  or  by 
deputy,  at  the  market  every  day  during  market  hours;  to 
exercise  a  general  supervision  over  the  market,  and  to  enforce 
all  ordinances,  rules  and  regulations  that  may  from  time  to 
time  be  established  for  the  government  thereof;  to  enforce 
order  and  decide  all  disputes  which  may  arise  between  buyer 
and  seller  touching  the  weight  and  measure  of  any  article;  to 
superintend  the  cleaning  of  the  market  and  cause  the  same  to 
be  sprinkled  with  water,  whenever  it  shall  be  necessary  to 
prevent  and  lay  the  dust;  to  examine  the  weight  of  all  articles 
exposed  for  sale,  and  seize  all  which  are  of  less  weight  than 
represented  by  the  seller,  and  upon  such  seizure,  to  expose  the 


MAYOR.  491 

same  for  sale  at  public  outcry  in  the  market,  and  pay  the 
proceeds  of  said  sale  into  the  city  treasury;  to  collect  all  rents 
for  stalls,  stands  and  tables,  and  to  pay  all  moneys  received  by 
him  on  account  of  the  city  into  the  city  treasury  on  the  first 
day  of  each  month.  [G.  O.  No.  588,  Sec.  2. 

SEC.  3.     Market  master  shall  report  monthly.— 

The  market  master  shall,  on  the  first  day  of  each  month,  make 
a  report  to  the  city  comptroller  of  the  business  of  his  office 
during  the  month  preceding,  showing  the  total  amount  of  fees 
collected  by  him,  together  with  such  other  facts  as  the  comp- 
troller may  require.  \_G.  0.  No.  522,  Sec.  3. 

SEC.  4.  Shall  weigh  articles,  when. — The  market 
master  shall  keep  suitable  scales,  to  be  duly  sealed  by  the 
inspector  of  weights  and  measures,  and,  whenever  requested, 
shall  weigh  any  article  exposed  for  sale  in  market;  and  he 
shall  collect,  for  the  use  of  the  city,  five  cents  for  weighing 
each  article,  to  be  paid  by  the  person  requesting  the  same  to 
be  weighed.  [G.  O.  No.  5%%,  Sec.  4. 

SEC.  5.  May  arrest  for  disorderly  conduct. — The 
market  master,  while  on  duty  as  such,  is  hereby  clothed  with 
all  the  powers  of  policemen,  and  it  is  his  special  duty  to  arrest 
and  take  before  the  judge  of  the  police  court,  any  person  who 
is  guilty  of  any  violent,  turbulent  or  disorderly  conduct  in,  or 
who  shall  be  guilty  of  a  violation  of  any  ordinance,  rule  or 
regulation  for  the  government,  conduct  and  management  of 
the  market.  [G.  0.  No.  522,  Sec.  5. 

CHAPTER  XLYI. 

MAYOR. 

SECTION  SECTION 

1.  Mayor,  installation  of.  5.    Vacancy  in  office  of   mayor,  how 

2.  General  power  of  supervision.  filled. 

3.  Powers  in  case  of  riot.  6.    Mayor  may  grant  leave  of  absence. 

4.  Powers  in  case  of  paupers,  insane 

or  idiots. 

SECTION  1.  Mayor — installation  of. — The  mayor 
shall  take  the  oath  of  office,  to  be  administered  by  the  city 


492  GENERAL  ORDINANCES. 

clerk  or  other  officer  authorized  to  administer  oaths,  in  the 
presence  of  the  common  council  and  so  many  citizens  as  may 
desire  to  be  present,  on  the  second  .Monday  after  the  day  of 
election,  at  the  hour  of  twelve  o'clock,  noon.  [R.  O.  1888, 
Chap.  41,  Sec.  1. 

SEC.  2.  General  power  of  supervision. — It  shall 
be  the  duty  of  the  mayor,  in  addition  to  the  duties  imposed 
upon  him  by  the  general  laws  of  the  state  of  Missouri,  to 
exercise  a  general  supervision  over  all  the  departments  of  the 
city  government,  and  see  that  the  duties  appertaining  to  the 
various  city  offices  are  properly  performed.  He  may  call  upon 
any  officer  for  information  in  relation  to  the  business  of  his 
office,  and  shall  report  to  the  common  council  all  neglect  of 
duty  on  the  part  of  any  city  officer.  [R.  O.  1888,  Chap.  41, 
Sec.  0. 

SEC.  3.  Powers  in  cases  of  riot. — In  case  of  any 
riot,  rout  or  unlawful  assembly,  the  mayor  shall  have  power 
to  direct  the  action  of  the  police  force  of  the  city,  to  call  to 
his  aid  all  citizens  in  suppressing  the  same,  and  in  case  of 
urgent  necessity  to  employ  special  police.  He  shall  have  power 
to  make  arrests  in  cases  where  he  shall  have  good  reason  to 
believe  that  offenses  have  been  or  are  about  to  be  committed, 
and  to  summons  citizens  to  his  aid  in  making  such  arrests. 
[R.  0.  1888,  Chap.  41,  Sec.  3. 

SEC.  4.     In  case  of  paupers,  insane  or  idiots.— 

The  mayor  shall  have  authority  to  direct  and  aid  in  the  removal 
of  paupers  from  the  city,  and  in  case  of  extreme  necessity  to 
provide  for  their  temporary  support.  He  shall  have  power  to 
make  provision  for  the  temporary  keeping  and  protection  of 
idiots  and  insane  persons,  when  unaccompanied  by  proper 
guardians,  and  shall  take  immediate  steps  to  have  them  trans- 
ferred to  the  proper  authorities.  All  expenses  incurred  by  the 
mayor,  in  performing  the  duties  imposed  by  this  section,  shall 
be  reported  to  the  common  council.  [R.  O.  1888,  Chap. 
Sec.  4. 


MEAT  SHOPS.  493 

SEC.  5,     Vacancy  in  office  of  mayor,  how  filled. 

— Whenever  any  vacancy  shall  happen  in  the  office  of  mayor, 
by  death  or  any  other  cause,  the  president  of  the  common 
council,  who  shall  exercise  the  duties  of  the  mayor  for  the 
time,  shall,  within  the  time  and  under  the  regulations  prescribed 
by  ordinance,  issue  his  proclamation,  directing  a  special  elec- 
.  tion  to  be  held  to  fill  said  vacancy.  \_fi.  O.  1888,  Chap.  1+1, 
Sec.  5. 

SEC.  6.  May  grant  leave  of  absence. — The  mayor 
may,  in  his  discretion,  grant  temporary  leave  of  absence  to  any 
officer,  upon  good  cause  shown,  and  no  officer  shall  leave  the 
city  for  any  cause  without  such  leave  of  absence  from  the 
mayor,  under  the  penalty  of  forfeiture  of  his  office.  [R.  O. 
1888,  Chap.  41,  Sec.  6. 

CHAPTER  XL VII. 

MEAT  SHOPS. 

SECTION.  SECTION. 

1.  Meat  shop,  license  for.  4.    License  shall  designate  location. 

2.  Shop  must  be  kept  clean.  5.    Penalty. 

3.  Under  control  of  board  of  health.  6.    Wholesale  dealer,  license  required 

SECTION  1.     Meat  shop  or  stand,  license  for. — No 

person  or  persons  or  copartnership  of  persons  shall  open  or 
keep  a  meat  shop  or  stand  in  the  city  of  St.  Joseph,  without 
having  obtained  a  license  therefor,  as  follows  :  Any  person, 
persons  or  copartnership  of  persons  doing  business  as  retail 
meat  shop  keeper  or  keepers,  within  the  limits  of  the  city  of 
St.  Joseph,  shall  pay  an  annual  license  of  twenty-five  dollars, 
in  advance,  which  respective  license  shall  authorize  and  em- 
power such  person,  persons  or  copartnership  of  persons,  to 
sell  in  their  shops  or  stands  for  which  they  have  procured  a 
license,  all  kinds  of  fresh  and  salt  meats,  fresh  and  salt  fish, 
sausage  and  sausage  meats,  whether  made  by  them  or  not,  ana 
also  all  kinds  of  fowl  and  game  in  their  proper  season,  that  is 
not  prohibited  being  sold  or  offered  for  sale  by  any  ordinance 
of  this  city  or  law  of  this  state  ;  all  kinds  of  vegetables  and 


404  GENERAL  ORDINANCES. 

fruit  in  large  or  small  quantities,  for  one  year  from  the  date  of 
such  license  :  Provided,  That  nothing  in  this  section  shall  be 
so  construed  as  to  include  licensed  grocers  and  merchants  who 
sell  smoked,  cured  meats,  fresh  and  salt  fish  and  smoked  sau- 
sage. [G.  0,  No.  441,  Sec.  61. 

SEC.  2.  Cleanliness  —  requirements.  —  Every  per- 
son who  is  duly  licensed  as  herein  required,  shall  keep  his 
meat  shop  or  stand  properly  cleaned  and  free  from  all  foul 
smells  and  nuisances  of  every  description,  and  on  failure 
thereof  shall  be  deemed  guilty  of  a  misdemeanor.  \_G.  0. 
No.  441,  Sec.  62. 

SEC.  3.  Board  of  health,  control  of.  —  All  meat 
shops  shall  be  under  the  control  of  the  board  of  health,  which 
shall  have  power,  by  a  majority  of  the  board,  to  declare  any 
one  of  the  same  a  nuisance,  for  good  and  sufficient  cause,  which 
finding,  when  recorded  in  their  proceedings  and  a  copy  thereof 
served  upon  the  party  licensed,  shall  operate  as  a  canceling  of 
his  license  and  a  prohibition  of  all  sales  thereunder.  \_G.  0. 
No.  441,  Sec.  63. 

SEC.  4.     License  shall  designate  location,  etc.— 

Every  license  shall  contain  the  name  of  the  person  in  whose 
name  it  is  issued,  and  shall  designate  the  location  of  the  meat 
shop  or  stand,  and  shall  be  and  remain  during  its  continuance 
posted  in  same  conspicuous  place  in  the  meat  shop  or  stand. 
[G.  0.  No.  Ul,  Sec.  64. 


SEC.  5.  Penalty.  —  Any  person  who  shall  keep  in  this 
city  any  meat  shop  or  stand  without  having  obtained  a  license 
therefor,  or  who  shall  violate  any  of  the  provisions  in  relation 
thereto  herein  contained,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  be  fined  not  less  than  ten  nor 
more  than  fifty  dollars  for  each  offense.  \_G.  0.  No.  441, 
Sec.  65. 

SEC.  6.  Wholesaler,  license.  —  No  person  shall  en. 
gage  in  the  business  of  selling  or  offering  for  sale  any  fresh 


MERCHANT'S  LICENSE.  495 

meats  at  wholesale  in  the  city  of  St.  Joseph,  either  from  a 
house,  store,  shed,  car,  wagon  or  other  place,  without  first 
having  a  license  from  said  city  as  a  wholesale  meat  dealer,  and 
the  charge  for  such  license  shall  be  one  hundred  dollars  per 
year.  [G.  0.  No.  441,  Sec.  66. 

[For   penalty    for   violating    Sec.    6   see   Sec.   20,    Chap, 
entitled  "Licenses."] 

CHAPTEK  XLVIIL 
MERCHANT'S  LICENSE. 

SECTION  SECTION 

1.  Merchant  defined.  8.    Auditor  to  make  statement. 

2.  Penalty  for  selling  without  license.  9.    Duty  of  assessor  to  make  list,  etc. 

3.  Annual    license    to    be    taken    out  10.    Taxes  to  be  extended. 

when.  11.    License,  how  obtained  after  Janu- 

4.  Statement  of  cash  value  of  goods  ary. 

to  be  filed.  12.    Taxes  extended  and  collected. 

5.  Duty  of   assessor    receiving  state-  13.    License,  etc.,  after  first  of  August. 

ment.  14.    License  good  after  dissolution  of 

6.  Proceedings  to  obtain  license — form  partnership. 

of  bond.  15.    No  intoxicating  liquors  to  be  sold. 

7.  Form  of  license.  16.    Penalty  for  violating,  etc. 

SECTION  1.  Merchant  denned. — Every  person,  co 
partnership  or  corporation,  who  shall  engage  in  the  selling  of 
any  goods,  wares  or  merchandise,  at  any  store,  stand  or  place 
occupied  for  that  purpose,  within  the  limits  of  the  city  of  St. 
Joseph,  is  hereby  declared  a  merchant.  [R.  O.  1888,  Chap. 
44,  SM.  1- 

SEC.  2.  Penalty  for  selling  merchandise  with- 
out license. — No  person,  copartnership  or  corporation  shall 
sell  or  offer  for  sale  any  goods,  wares  or  merchandise  within 
said  city,  without  first  having  obtained  a  merchant's  license, 
in  compliance  with  the  provisions  of  the  general  law  govern- 
ing cities  of  the  second  class,  and  the  ordinances  of  said  city; 
every  merchant  violating  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  subject  to  a  fine 
of  not  less  than  twenty-five  dollars  nor  more  than  five  hundred 
dollars  for  each  day  he  or  they  do  business  without  such  license. 
\_E.  O.  1888,  Chap.  44,  Sec.  2. 


496  GENERAL  ORDINANCES. 

SEC.  3.     Annual  license  to  be  taken  out  when.— 

Merchants  shall  take  out  their  annual  licenses  between  the  first 
day  of  January  and  the  fifteenth  day  of  February  in  each  year. 
[E.  0.  1888,  Chap.  44,  Sec.  3. 

SEC  4.  Must  file  statement  of  cash  value  of 
goods,  etc. — Before  any  merchant  shall  be  entitled  to 
receive  a  merchant's  license  under  the  provisions  of  this 
ordinance,  such  merchant  shall  file  with  the  city  assessor  a 
sworn  statement  showing  the  actual  cash  value  of  the  highest 
amount  of  goods,  wares  and  merchandise  owned  by  him  for 
sale,  at  any  time  within  three  months  before  the  first  day  of 
January  of  such  year  for  which  license  is  required.  Such 
statement  shall  include  all  goods,  wares  and  merchandise, 
which  he  may  have  in  his  possession  or  under  his  control, 
owned  by  him,  and  shall  be  signed  and  verified  by  the  affidavit 
of  such  merchant  or  some  creditable  person  authorized  to  sign 
and  verify  such  statement.  [It.  O.  1888,  Chap.  44?  Sec.  4- 

SEC.   5.     Duty  of  assessor  receiving  statement.— 

The  city  assessor  shall,  upon  such  statement  being  filed  in  his 
office,  properly  signed  and  verified,  make  out  and  deliver  to 
the  city  auditor  a  certificate  stating  that  such  person,  naming 
him,  has  filed  the  statement  required  by  the  ordinances  of  the 
city,  also,  giving  the  cash  value  of  his  goods,  wares  and  mer- 
chandise returned,  and  the  location  of  his  store,  stand  or  place 
of  business.  [R.  0.  1888,  Chap.  44,  Sec.  5. 

SEC.  6.     Proceedings  to  obtain  license — form  of 

bond. — The  city  auditor  shall,  upon  the  receipt  of  such  cer- 
tificate from  the  assessor,  issue  a  license  to  the  person  named 
in  such  certificate,  which  license  shall  be  countersigned  by  the 
city  comptroller:  Provided,  that  such  person  named  in  the  cer- 
tificate of  the  assessor  executes  a  bond  to  the  city  of  St. 
Joseph,  with  at  least  two  resident  householders,  of  such  city, 
as  securities,  to  be  approved  by  the  city  auditor,  who  shall 
endorse  his  approval  thereon;  the  applicant  for  license  must 
deliver  his  bond  to  the  city  auditor  before  the  license  is  issued 


MERCHANT'S  LICENSE.  497 

and  delivered  to  him.  The  city  auditor  shall  return  said  bond 
to  the  comptroller,  who  shall  file  the  same  in  his  office.  Said 
bond  shall  be  in  the  following  form: 

Know  all  men  by  these  presents,  that  we, as 

principal,  and as  securities,  are  held  and  firmly 

bound  unto  the  city  of  St.  Joseph  in  the  penal  sum  of dollars,  for 

the  payment  of  which  we  bind  ourselves,  our  heirs,  executors  and  adminis- 
trators firmly  by  these  presents.  Sealed  with  our  seals  and  dated  this 

day  of ,  A.  D.  18 The  condition  of  the  foregoing  obligation 

is  such  that  whereas ha.. ..this  day  received  a 

license  to  do  business  in  said  city  as  merchant.... for  the  year  ending  Decem- 
ber 31st,  18 ;  now  if  the  said shall,  on  or 

before  the  1st  day  of  September,  18 ,  pay  to  the  collector  of  said  city  all 

taxes  which  may  be  due  upon  such  license  for  the  year  ending  on  the  last 
above  mentioned  date, then  this  bond  to  be  void;  otherwise  to  remain  in 
full  force. 

[SEAL.] 

'. [SEAL.] 

! [SEAL.] 

Approved  this day  of A.  D.  18 

Auditor. 

The  penalty  of  which  said  bond  shall  be,  when  the  valu- 
ation as  shown  by  the  statement  required  in  this  ordinance  does 
not  exceed  twenty-five  hundred  dollars,  the  sum  of  one  hundred 
dollars  ;  and  when  the  valuation  exceeds  twenty-five  hundred 
dollars,  an  additional  sum  of  one  hundred  dollars  for  each 
twenty-five  hundred  dollars  or  fractional  part  thereof.  Upon 
such  bond  being  approved  by  the  auditor,  he  shall  grant  a 
merchants'  license  to  the  applicant,  in  form  as  hereinafter  pro- 
vided. [JR.  O.  1888,  Chap.  44,  Sec.  6. 

SEC.  7.  Form  of  license. — All  licenses  issued  under 
this  chapter  shall  expire  on  the  thirty-first  day  of  December 
next  after  the  time  of  such  issuing,  and  shall  be  in  the  follow- 
ing form: 

The  City  of  St.  Joseph  to  all  who  may  see  these  presents,  greeting: 

Know  ye,  that having  filed  statement,  and  on  the 

day  of.. A.  D.  18.,  given  bond  as  required  of  him,  for 

the  payment  of  all  lawful  taxes  which  may  be  due  upon  this  license, 
therefore  the  said is  hereby  authorized  to  do 


498  GENERAL  ORDINANCES. 

business  as. ...merchant. ..at  any  one  place  within  said  city  for 

months,    ending    the    thirty-first  day  of    December    next.     In    testimony 
whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  city  to 

be  affixed,  this day  of A.  D.  18.... 

Granted  this day  of A.  D.  18.... 

Auditor. 

Countersigned: 

Comptroller. 

[£.  0.  1888,  Chap.  44,  Sec.  7. 

SEC.  8.  Auditor  to  make  statement. — The  city 
auditor  shall,  at  the  end  of  each  month,  make  a  statement  in 
detail  of  all  merchants'  licenses  issued  by  him  during  said 
month,  showing  the  name  of  the  person  or  persons  to  whom 
granted,  the  place  of  business  and  the  date  thereof  ;  also,  the 
cash  value  of  the  highest  amount  returned  to  the  assessor  by 
each  person,  which  said  statement  shall  be  filed  in  the  office  of 
the  city  comptroller,  and  by  him  laid  before  the  common  coun- 
cil at  its  first  stated  meeting  thereafter.  [R.  O.  1888,  Chap. 
44,  Sec.  8. 

SEC.  9.  Duty  of  assessor  to  make  list.— The  city 
assessor  shall  make  a  complete  list  of  all  merchants  who  have 
filed  their  statements  showing  the  cash  value  of  the  highest 
amount  of  goods,  wares  and  merchandise  owned  and  kept  on 
hand  by  them  for  sale  at  any  time  within  three  months  before 
the  first  day  of  January  of  such  year,  for  which  the  assessment 
is  made,  and  deliver  the  same  to  the  common  council  at  the 
same  time  he  is  required  to  deliver  the  assessment  books. 
[R.  0,  1888,  Chap.  44,  Sec.  9. 

SEC.  10.  Taxes  to  be  extended. — The  city  auditor 
shall  extend  the  taxes  for  general  and  special  purposes  in  the 
same  manner  that  he  does  on  other  property  subject  to  taxa- 
tion. [R.  O.  1888,  Chap.  44,  Sec.  10. 

SEC.  11.  License  how  obtained  after  January, 
etc. — It  shall  be  the  duty  of  every  person,  copartnership  or 
corporation  intending  to  commence  business  as  merchants  in 
the  city  of  St.  Joseph  at  any  time  after  the  first  day  of  January 


OF  THE 

UNIVERSITY 


or 

MEKCHA§rti3CfclClENSE.  499 

in  any  one  year,  or  at  any  time  during  the  fiscal  year,  to.  fur- 
nish the  city  assessor  a  sworn  statement  of  the  value  of  his  or 
their  goods,  wares  or  merchandise  ;  and  the  city  assessor  shall 
thereupon  ascertain  the  value  of  such  goods,  wares  and  mer- 
chandise, and  return  the  same  with  the  other  lists  to  the 
common  council :  Provided,  the  statements  are  filed  with  him 
before  the  fifteenth  day  of  March,  each  year.  If  the  state- 
ments are  filed  with  him  after  the  fifteenth  day  of  March,  he 
shall  ascertain  the  value  of  such  goods,  wares  and  merchandise 
and  return  an  assessment  thereof  to  the  city  auditor.  If  such 
person,  copartnership  or  corporation  is  dissatisfied  with  such 
assessment,  he  or  they  may  appeal  to  the  common  council,  at 
its  first  stated  meeting  thereafter,  and  the  common  council  shall 
then  ascertain  and  fix  the  value  of  said  goods,  wares,  and  mer- 
chandise, by  resolution,  which  value,  so  determined,  shall  be 
certified  to  the  city  auditor  by  the  city  clerk.  \R.  0.  1888. 
Chap.  44,  Sec.  11. 

SEC.  12.  Taxes  extended  and  collected. — When 
such  assessment  is  completed,  the  city  auditor  shall  issue  a 
license  to  such  person  in  form  and  manner  heretofore  prescribed; 
and  the  auditor  shall  thereupon  extend  the  tax  for  each  year, 
for  general  and  special  purposes,  and  deliver  a  certified  copy  to 
the  city  treasurer.  The  tax  so  extended  shall  bear  the  same 
proportion  to  the  amount  of  the  annual  levy  for  general  and 
special  purposes  for  each  year,  as  the  time  to  the  end  of  the 
fiscal  year  is  to  one  year  :  Provided,  that*in  making  such  pro 
rata  reduction  no  fractional  part  of  any  month  shall  be  com- 
puted, but  the  time  shall  in  all  cases  be  estimated  as  from  the 
first  day  of  the  month  in  which  such  statement  is  filed.  On 
delivery  of  the  certified  copy  of  the  tax  extended,  the  treasurer 
shall  file  the  same  and  give  duplicate  receipts  therefor,  stating 
the  amount  levied  and  the  name  of  the  person  therein  named, 
one  of  which  shall  be  tiled  with  the  auditor  and  the  other  with 
the  comptroller,  which  amounts  are  to  be  collected  and  paid  in 
the  same  manner  as  other  taxes.  [7?.  0.  1888,  Chap.  44, 
Sec.  1*2. 


500  GENERAL  ORDINANCES. 

SEC.   13.     How  obtained  after  the  first  of  August. 

—When  any  person,  copartnership  or  corporation  shall  file  their 
statements  on  or  after  the  first  day  of  August,  and  the  assess- 
ment is  completed,  a  statement  thereof  shall  be  tiled  with  the 
city  auditor,  who  shall  thereupon  make  out  and  deliver  to  the 
city  treasurer  a  certificate'  stating  the  amount  for  such  license. 
On  delivery  of  the  certificate  to '"the  city  treasurer  he  shall  file 
the  same,  and  on  payment  of  the  amount  thereof,  the  city 
treasurer  shall  make  and  sign  duplicate  receipts  therefor,  one 
shall  be  filed  with  the  city  auditor,  the  other  with  the  city 
comptroller.  Upon  filing  said  receipt,  the  city  auditor  shall 
sign  and  issue  a  license  for  the  remainder  of  such  year,  which 
license  shall  be  countersigned  by  the  city  comptroller.  Said 
license  shall  state  the  amount  of  taxes  so  paid,  which  amount 
shall  be  charged  to  the  city  treasurer.  [72.  O  1888,  Chap. 
44,  Sec.  13. 

SEC.  14.     License  good  after  dissolution  of  partr 

nership. — If  any  copartnership  shall  be  dissolved  by  opera- 
tion of  law,  by  limitation  or  by  mutual  consent,  then  the  person 
or  persons  having  the  stock  in  charge,  as  successors,  may  con- 
tinue the  business  for  the  remainder  of  the  year  without  any 
other  additional  license.  [72.  0.  1888,  Chap.  44,  Sec.  14- 

SEC.  15.     No  intoxicating  liquors  to  be  sold. — No 

license  granted  under  this  chapter  shall  authorize  any  merchant 
to  sell  vinous,  fermented  or  spirituous  liquors  in  any  quantities 
to  be  drunk  at  his  store,  stand  or  place  of  business.  [72.  0. 
1888,  Chap.  44,  Sec.  15. 

SEC.  16.  Penalty  for  violating,  etc. — Any  person, 
copartnership  or  corporation  violating  any  of  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  five  hundred  dollars.  [72.  O.  1888,  Chap.  44, 
Sec.  16. 


MILK.  501 


CHAPTER  XLIX. 
MILK. 

SECTION.  SECTION. 

1.  Impure  milk  or  cream,  sale  of  pro-  8.    Informer  shall  receive  part  of  fine 

hibited.  imposed. 

2.  Hotel,  etc.,  shall  not  offer  to  guests.  9.    Duties  and  powers,  on  what  offi- 

3.  Milk  or  cream  dealer,  license  for.  cers  imposed. 

4.  Conditions  of  license.  10.    Complaints,  to  whom  made. 

5.  Milk    dealer   shall  obtain  license,  11.    Record  kept  at  office  of  board  of 

register,  etc.  health. 

6.  Cows,  stable  s,  etc.,  inspection  of.  12.    City  attorney  shall- report  result  of 

7.  Adulterations,  manufacture  of  pro-  prosecution. 

hibited.  13.    Penalty. 

SECTION  1.  Impure  milk  or  cream,  sale  of  pro- 
hibited.— Special  and  constant  attention  shall  be  given  to 
the  inspection,  examination,  and  analysis  of  milk  and  cream 
sold  or  ottered  for  sale  within  the  city.  Any  person  who  shall 
sell  or  offer  for  sale  any  skimmed  milk  without  informing  the 
purchaser  that  it  is  skimmed  milk  or  any  cream  or  milk  having 
therein  and  containing  any  foreign  substance  whatever,  or  any 
adulteration  or  preservative,  whether  for  the  purpose  of  arti- 
ficially increasing  the  quantity  of  the  milk  or  cream  or  for  pre- 
serving the  sweetness  and  condition  thereof,  or  for  any  other 
purpose  whatever,  or  any  diluted  milk  or  cream,  or  any  milk 
containing  less  than  twelve  per  cent  of  total  solids,  except 
skimmed  milk,  three  of  which  shall  be  of  fat,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
by  a  fine  of  not  more  than  two  hundred  dollars  or  by  imprison- 
ment in  the  city  jail  or  workhouse  not  more  than  six  months  ; 
or  by  both  such  fine  and  imprisonment.  Any  person  who  shall 
be  convicted  the  second  time  for  having  violated  any  of  the 
provisions  of  this  section  shall,  for  such  second  offense,  be 
punished  as  already  provided  herein,  and  in  addition  thereto 
his  milk  and  cream  license  shall  be  revoked.  [Gr.  0.  No.  408, 
Sec.  1. 

SEC.  2.  Same — hotel,  etc.,  shall  not  offer  to 
guests. — Any  hotel,  boarding  house  or  restaurant  keeper, 


502  GENERAL  ORDINANCES. 

owner,  manager  or  steward  who  shall  set  before  or  offer  to  any 
boarder,  guest  or  customer  thereof  any  diluted  milk  or  any 
cream  or  milk  having  and  containing  therein  any  adulteration 
or  preservative  or  any  foreign  substance  whatever,  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
by  a  fine  of  not  more  than  fifty,  dollars.  [  G.  0.  jVo.  408,  Sec.  2. 

SEC.  3.     Milk  or  cream  dealer,  license  for. — No 

person  shall  sell  any  milk  or  cream  nor  shall  any  person 
engage  in  or  carry  on  the  business  of  milk  or  cream  dealer 
without  first  obtaining  from  the  city  a  license  therefor,  the 
charge  for  which  shall  be  fifteen  dollars  per  year  ;  provided, 
that  persons  desiring  to  peddle  their  surplus  milk  from  one 
cow  only  shall  obtain  license  for  which  a  charge  shall  be  make 
of  two  and  one  half  dollars  per  year  ;  provided,  further,  that 
nothing  in  this  ordinance  shall  be  construed  into  requiring  a 
license  fee  from  any  person  or  persons  selling  the  entire  pro- 
duct of  their  dairy  or  dairies  to  regularly  licensed  milk  dealers. 
Any  person  who  shall  fail  or  neglect  to  comply  with  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  [G.  0. 
No.  43%,  Sec.  1. 

SEC.  4.  Conditions  of  license. — Every  such  license 
shall  be  issued  on  the  express  condition  that  the  licensee  shall 
at  all  times  permit  officers  or  representatives  of  the  city  to 
visit,  examine  and  inspect  all  cows,  feed  therefor,  stables,  pas- 
tures and  lots  where  the  cow  or  cows  of  such  licensee  are 
kept,  and  secure  such  permission  for  such  inspection  and  exam- 
ination from  all  persons  from  whom  he  obtains  milk  and  cream 
to  be  sold  or  offered  for  sale  ;  and  an  analysis  or  examination 
shall  be  made  of  milk  or  cream  obtained  by  the  proper  officer 
from  such  licensee  ;  and  it  shall  be  the  duty  of  such  licensee  at 
all  times  when  demanded  to  furnish  free  of  charge  such  small 
quantities  of  milk  and  cream  as  shall  be  necessary  for  such 
examination  or  analysis.  Failing  or  refusing  to  comply  with 


MILK.  503 

such  conditions  and  requirements  shall  be  cause  for  revoking 
such  license.     [G.  O.  No.  408,  Sec.  6.     Amended  G.  O.  No.  421. 

SEC.  5.  Milk  dealer  shall  obtain  license,  regis- 
ter, etc. — Every  person  who  may  be  selling  or  offering  for 
sale  milk  or  cream  at  the  time  of  the  approval  or  final  passage 
of  this  ordinance  shall,  within  twenty  days  after  the  appoint- 
ment of  the  clerk  of  the  board  of  health,  obtain  the  license 
herein  provided  for,  and  register  his  name  on  a  record  to  be 
kept  for  such  purpose  by  the  clerk  of  the  board  of  health, 
together  with  the  names  and  post  office  addresses  of  all  per- 
sons from  whom  he  obtains  his  milk  or  cream,  and  also  the 
location  of  the  stables  or  pastures  where  the  cows  from  which 
such  milk  was  obtained  are  kept.  And  every  person  who  may 
hereafter  enter  into  and  engage  in  the  milk  or  cream  business 
shall  also  register  as  in  this  section  provided.  All  changes  in 
the  location  of  any  milk  and  cream  dealer's  dairy  or  the  dairies 
of  those  from  whom  he  obtains  milk  and  cream,  or  the  location 
of  the  stables  and  pastures  of  either  shall  be  promptly  reported 
to  the  clerk  of  the  board  of  health  and  noted  on  such  record. 
Every  person  neglecting  or  refusing  to  comply  with  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars  for  each  and 
every  day  of  such  refusal  or  neglect.  [  G.  O.  No.  408,  Sec.  7. 

SEC.  6.  Cows,  stables,  etc.,  inspection  of. — It  shall 
be  the  duty  of  the  sanitary  sergeant  and  assistant  health  officer 
at  least  once  every  two  months,  and  as  much  oftener  as  they  may 
think  necessary  and  proper,  to  inspect  and  examine  all  stables, 
lots  and  pastures  where  cows  are  kept  and  fed,  whose  milk  or 
cream  therefrom  is  sold  in  the  city ;  and  also  the  feed, 
health  and  condition  of  such  cows,  and  make  report 
thereof  to  the  board  of  health.  If  in  their  opinion  any 
such  cows  are  not  fed  on  good  and  wholesome  food,  or 
are  kept  in  an  unhealthy  or  bad  condition,  or  such  stables  and 
pastures  are  not  properly  cleaned  and  kept  so,  then  they  shall 


504  GENERAL  ORDINANCES. 

notify  in  writing  the  owner  or  keeper  of  such  cows,  stables 
and  pastures,  and  also  the  persons  who  sell  or  offer  for  sale 
the  milk  or  cream  therefrom  in  the  city,  and  if  any  such  owner, 
keeper  or  person  shall  not  at  once  cease  to  milk  any  cow  which 
is  in  an  unhealthy  and  bad  condition,  or  shall  refuse  or  neglect 
to  at  once  proceed  to  clean  such  stables  and  pastures,  the  milk 
therefrom  shall  not  be  sold  or  offered  for  sale  in  the  city  until 
every  objection  thereto  is  abated  and  removed  and  kept  so. 
E^ery  person  violating  any  provision  in  this  section  contained 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  five  hundred  dollars.  [G.  0.  No.  408,  Sec.  8. 

SEC.  7.  Adulterations,  manufacture  of  prohib- 
ited.— Any  person  who  shall  manufacture,  compound,  use, 
sell  or  offer  to  sell  any  milk  or  cream  adulteration  or  preserva- 
tive, or  any  compound  or  substance  whatever  for  the  purpose 
of  artificially  preserving  the  sweetness  or  increasing  the  quan- 
tity of  milk  or  cream,  or  for  any  other  purpose,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
punished  by  a  fine  of  not  more  than  two  hundred  dollars,  or 
by  imprisonment  in  the  city  jail  or  workhouse  not  exceeding 
six  months,  or  by  both  such  fine  a*nd  imprisonment.  [G.  0. 
No.  408,  Sec.  9. 

SEC.  8.  Informer  shall  receive  part  of  fine  im- 
posed.— Any  person  who  shall  first  give  any  information  to 
any  member  of  the  board  of  health  or  the  sanitary  sergeant  or 
police  officer  that  shall  be  the  cause  and  means  of  the  arrest 
and  conviction  of  any  person  for  violating  the  provisions  of 
the  next  preceding  sections,  shall  be  entitled  to  and  receive 
one-third  of  the  fine  imposed  and  collected.  [G.  0.  No.  408, 
Sec.  10. 

SEC.  9.     Duties   and    powers — on   what    officers 

imposed. — Whenever  in  this  ordinance  a  duty  is  imposed  or 
a  power  given  to  the  sanitary  sergeant,  health  officer  or  police- 


MILK.  505 

man,  such  duty  or  power  shall  be  imposed  on  or  granted  to 
either  one  of  such  officers  or  all  of  them.  [G.  0.  No.  408, 
Sec.  11. 

SEC.  10.  Complaints— to  whom  made. — All  com- 
plaints which  any  person  may  desire  to  make  against  any  one 
for  the  violation  of  any  provision  in  this  ordinance  contained, 
shall  be  made  to  the  clerk  of  the  board  of  health  or  any  mem- 
ber thereof,  whose  duty  it  shall  be  to  at  once  bring  such  com- 
plaint to  the  notice  of  the  sanitary  sergeant,  health  officer  or 
policeman,  who  shall  inquire  and  examine  into  the  same.  [G. 
0.  No.  408,  Sec.  12. 

SEC.  11.  Record — kept  at  office  of  board  of 
health. — The  several  records  required  to  be  kept  by  the  pro- 
visions of  this  ordinance  shall  be  kept  always  at  the  office  of 
the  board  of  health  in  charge  of  the  clerk  thereof.  Such  rec- 
ords shall  always  be  open  for  the  inspection  of  any  person. 
[G.  0.  No.  408,  Sec.  13. 

SEC.  12.  City  attorney  shall  report  result  of 
prosecutions.— It  shall  be  the  duty  of  the  city  attorney  to 
keep  a  record  of  every  arrest  and  prosecution  under  the  pro- 
visions of  this  ordinance  and  the  result  thereof  ;  and  he  shall 
semi-annually  report  the  same  to  the  common  council.  [G. 
0.  No.  408,  Sec.  U. 

SEC.  13.  Penalty. — Any  person  who  shall  in  any  man- 
ner interfere  with  or  prevent  or  attempt  to  prevent  the  enforce- 
ment of  any  provision  of  this  ordinance,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars.  [G.  O.  No.  408, 
Sec.  15. 


506 


GENERAL  ORDINANCES. 


CHAPTER  L. 
MISDEMEANORS. 

ARTICLE  I —MISCELLANEOUS  OFFENSES. 
II— PENALTIES. 

ARTICLE  I. 
MISCELLANEOUS  OFFENSES. 


SECTION 

1.  Unlawful  assembly. 

2.  Disturbing  and  provoking  a  breach 

of  the  peace. 

3.  Disturbing  religious  or  other  as- 

sembly. 

4.  Loitering  prohibited,  where. 

5.  Giving  false  alarms  of  fire,  etc. 

6.  Drunkenness  or  intoxication. 

7.  Carrying  concealed  weapons. 

8.  Throwing  missiles,  having  device 

for. 

9.  Sale  of  fire  arms,  etc.,  to  minors. 

10.  Cigarettes,  sale  of  to  minors. 

11.  Certain  minor  persons  not  to  be  on 

street,  when. 

12.  Parent  or  guardian  shall  not  allow 

child  upon  street,  when. 

13.  Police  may  arrest  and  detain  vio- 

lator of  section  eleven. 

14.  Sport  and  exercises  on  streets  and 

alleys. 

15.  Jumping  upon  cars  in  motion. 

16.  Injuring    lamp     post,    telegraph 

poles,  wires,  etc. 

17.  Climbing  on  electric  light  poles. 

18.  Injury  of  public  or  private  prop- 

erty. 

19.  Injuring  bridges  and  city  improve" 

ments. 

20.  Hitching  animals  to  shade  trees, 

hydrants,  etc. 

21.  Driving  over  fire  hose. 

22.  Fast  riding  or  driving  over  bridges. 

23.  Vehicles  not  to  be  driven  over  side- 

walk. 

24.  Fast  driving;  leaving  animal  un- 

fastened. 

25.  Regulations  governing  passing  of 

vehicles. 

26.  Cruelty  to  animals. 

27.  Slaughtering  of  animals. 

28.  Veterinary  hospital  not  allowed. 

29.  Prohibiting  certain  modes  of  Ad- 

vertising. 


SECTION 

30.  Circulars  and  handbills  not  to  be 

thrown  on  streets. 

31.  Unauthorized  posting  of  cards  or 

handbills. 

32.  Distribution  of  samples  of  mer- 

chandise, handbills,  etc.,  with- 
out license. 

33.  Distribution  of  samples  of  medi- 

cines, etc. 

34.  Private  use  of  water  in  public  cis- 

terns. 

35.  Removing  guard  from  dangerous 

place. 

36.  Throwing  bricks  and  rubbish  on 

streets. 

37.  Barbed  wire  fences  prohibited. 

38.  Business  house  not  to  open  on  the 

Sabbath. 

39.  Bathing  and  swimming  restricted. 

40.  Escaping  from  custody  or  break- 

ing prison. 

41.  Falsely  representing  an  officer. 

42.  Games  and  gaming. 

43.  Indecent    exhibition    of     horses, 

bulls,  etc. 

44.  Indecent  exposure  of  person. 

45.  Prostitutes  not  to  ply  vocation. 

46.  Bawdy  and  assignation  houses. 

47.  Lodging  in  bawdy  or  assignation 

house. 

48.  Frequenting  bawdy  or  assignation 

houses . 

49.  Same;  character  of   house  to  be 

established. 

50.  Permitting  weeds  to  remain  on  lot. 

51.  Pools,  ponds,  etc.,  not  allowed  on 

vacant  lot. 

52.  Throwing    of    fruit  or  vegetable 

substance  upon  sidewalk, 

53.  Interfering  with  water   pipes   or 


54.    Injuring  books,  etc.,  of  public  li- 
brary. 


MISDEMEANORS.  507 

SECTION  1.  Unlawful  assembly. — Any  three  or  more 
persons  who  shall  in  this  city  assemble  together,  or  being  as- 
sembled shall  act  in  concert  to  do  any  unlawful  act  with  force 
or  violence  against  the  property  of  this  city,  or  the  person  or 
property  of  another,  or  against  the  peace  or  to  the  terror  of 
others,  and  shall  make  any  movement  or  preparation  therefor, 
and  every  person  present  at  such  meeting  or  assembly  who 
shall  not  endeavor  to  prevent  the  commission  or  perpetration 
of  such  unlawful  act,  shall  be  deemed  guilty  of  a  misdemeanor. 
[G.  0.  No.  529,  Sec.  1. 

SEC.  2.  Disturbances  of  the  peace. — Any  person 
who  shall  in  this  city  disturb  the  peace  of  others  by  loud  or 
unusual  noise,  offensive  or  indecent  conversation,  or  by 
unseemly,  profane,  obscene  or  offensive  language  calculated  to 
provoke  a  breach  of  the  peace,  or  by  threatening,  challenging, 
striking  or  fighting  another  ;  or  any  person  who  in  this  city 
shall  permit  any  such  conduct  in  or  upon  any  house  or  prem- 
ises owned  or  occupied  by  him  or  under  his  management  or 
control,  so  that  others  in  the  vicinity  are  disturbed  thereby, 
shall  be  deemed  guilty  of  a  misdemeanor,  [ff.  O.  No.  529, 
Sec.  2. 

SEC.  3.     Disturbing  religious  or  other  assembly. 

— Any  person  who  shall  in  this  city  disturb  or  disquiet  any 
congregation  or  assembly  met  for  religious  worship,  by  making 
a  noise  or  by  rude  or  indecent  behavior  or  profane  discourses 
within  their  place  of  worship,  or  so  near  the  same  as  to  disturb 
the  order  or  solemnity  of  the  meeting,  or  shall  disturb  any 
lawful  assemblage  of  people  by  rude  or  indecent  behavior  or 
otherwise,  shall  be  deemed  guilty  of  a  misdemeanor.  \_G.  0. 
No.  529,  Sec.  3. 

SEC.  4.  Loitering — prohibited  where. — Any  person 
who  shall  in  this  city  loiter  at  the  corners  of  streets,  or  in  or 
upon  any  street,  avenue,  alley  or  sidewalk,  or  in  the  vicinity 
of  any  place  of  amusement,  public  hall,  place  of  worship, 
hotel,  re&taurant,  eating  house,  dramshop  or  thoroughfare  and 


508  GENERAL  ORDINANCES. 

refuse  to  disperse  or  vacate  such' place  when  requested  to  do  so 
by  any  police  officer,  shall  be  deemed  guilty  of  a  misdemeanor. 
[G.  0.  No.  529,  Sec.  4. 

SEC.  5.  Giving  false  alarm  of  fir e  —  collection  of 
persons  on  streets. — Any  person  who  shall  in  this  city 
intentionally  give  or  make  a  false  alarm  of  fire,  or  shall  employ 
any  device,  noise  or  performance  tending  in  either  case  to  the 
collection  of  persons  on  the  streets,  sidewalks  or  other  public 
place  to  the  obstruction  of  the  same,  for  any  purpose  whatso- 
ever, without  permission  of  the  mayor  in  writing,  shall  be 
deemed  guilty  of  a  misdemeanor.  [G.  0.  No.  5*29,  Sec.  5. 

SEC.   6.      Drunkenness    an   offense,   when. — Any 

person  who  shall  in  this  city  be  drunk  or  shall  be  in  a  state  of 
intoxication  in  any  highway,  thoroughfare  or  other  public 
place,  or  in  any  private  house  or  place,  to  the  annoyance  of 
any  person,  shall  be  deemed  guilty  of  a  misdemeanor.  [  G.  0. 

No.  529,  Sec.  6- 

SEC.  7.     Concealed   weapons — carrying    of — Any 

person  who  shall  in  this  city  wear  under  his  clothes  or  carry 
concealed  upon  or  about  his  person,  or  be  found  having  upon 
or  about  his  person  concealed,  any  pistol  or  revolver,  colt,  billy, 
slung  shot,  cross  knuckles  or  knuckles  of  lead,  brass  or  other 
metal,  dirk,  dagger,  razor,  bowie  knife,  or  any  knife  resembling 
a  bowie  knife,  or  any  other  dangerous  or  deadly  weapon,  shall 
be  deemed  guilty  of  a  misdemeanor.  [G.  0.  No.  529,  Sec.  7. 

SEC.  8.     Throwing  missiles — having   device  for, 

—Any  person  who  shall  in  this  city  have  in  his  possession  an; 
air  pipe,  blow  pipe,  air  gun,  pop  gun,  spring  gun,  bow  gun, 
cross  bow,  crotch,  rubber  sling  or  nigger  shooter,  or  othei 
device  or  contrivance  for  ejecting,  discharging  or  otherwij 
throwing  any  missile,  pellet,  stone,  bolt,  metal  or  other  sul 
stance  capable  of  causing  injury  to  any  one,  or  shall  projec 
by  means  of  any  such  device  or  contrivance,  or  fling,  cast  01 
throw  by  hand  or  foot  any  stone,  pebble,  ice  or  snow  ball,  01 


MISDEMEANORS.  509 

other  hard  or  hurtful  substance  or  thing  in  or  upon  any  street, 
alley,  park  or  other  public  ground,  or  from  out  of  any  yard, 
lot  or  building  into  any  street,  alley,  park  or  other  public 
ground,  or  whoever  shall  throw  any  stone  or  other  missile  at 
or  against  any  public  or  private  building,  shall  be  deemed 
guilty  of  a  misdemeanor.  [G.  0.  No.  529,  Sec.  8. 

SEC.  9.  Cartridges,  pistols,  etc.,  sale  of  to  minors 
prohibited. — Any  person  who  shall  in  this  city  sell  to  any 
person  under  the  age  of  sixteen  years,  any  cartridge  of  fixed 
ammunition  of  which  any  fulminate  is  a  component  part,  or 
any  gun,  pistol  or  other  mechanical  contrivance  arranged  for 
the  explosion  of  such  cartridge,  or  of  any  fulminate,  shall  be 
deemed  guilty  of  a  misdemeanor.  [6r.  0.  No.  529,  Sec.  9. 

SEC.  10.  Cigarettes — sale  of  to  minors. — Any  per- 
son who  shall  in  this  city  sell  to  any  minor  any  cigarettes  or 
cigarette  wrappers,  shall  be  deemed  guilty  of  a  misdemeanor. 

[G.  0.  No.  529,  Sec.  10. 

SEC.  11.  Persons  under  certain  age  not  to  be  on 
streets,  etc.,  when. — It  shall  be  unlawful  for  any  person 
under  fifteen  years  of  age  to  be  or  remain  in  or  upon  any  of 
the  streets,  alleys  or  public  places  in  this  city  at  night  after  the 
hour  of  nine  o'clock  p.  M.  from  March  1st  to  August  31st,  in- 
clusive, of  each  year  ;  and  from  September  1st  to  the  last  day 
of  February,  inclusive,  of  each  year,  after  the  hour  of  eight 
o'clock  P.  M.,  unless  such  person  is  accompanied  by  a  parent, 
guardian  or  other  person  having  the  legal  custody  of  such 
minor  person,  or  is  in  the  performance  of  an  errand  or  duty 
directed  by  such  parent,  guardian  or  other  person  having  the 
care  and  custody  of  such  minor  person,  or  whose  employment 
makes  it  necessary  to  be  upon  such  streets,  alleys  or  public 
places  during  the  night  time  after  said  specified  hours:  Pro- 
vided, this  exception  shall  not  apply  when  the  person  under 
such  age  shall  be  playing  or  unnecessarily  loitering  in  or  upon 
any  such  street,  alley  or  public  place,  whether  alone  or  accom- 
panied by  a  parent,  guardian  or  any  person  or  persons  whom- 


510  GENERAL  ORDINANCES. 

soever.  Any  person  violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor.  [6r.  O.  No.  529, 
Sec.  11. 

SEC.  12.  Parent  or  guardian  shall  not  allow 
child  to  go  upon  street,  etc.,  when. — It  shall  be  unlaw- 
ful for  any  parent,  guardian  or  other  person  having  the  legal 
care  and  custody  of  any  person  under  fifteen  years  of  age,  to 
allow  or  permit  any  such  child,  ward  or  other  person  under 
such  age,  while  in  snch  legal  custody,  to  go  or  be  in  or  upon 
any  of  the  streets,  alleys  or  public  places  in  this  city  within 
the  time  prohibited  in  section  eleven  of  this  ordinance,  unless 
a  reasonable  necessity  exists  therefor.  Any  person  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor. [G.  0.  No.  529,  Sec.  12. 

SEC.  13.  Police  may  arrest  and  detain  violator 
of  section  eleven,  etc. — The  police  are  hereby  authorized 
to  arrest,  without  warrant,  any  person  willfully  violating  the 
provisions  of  section  eleven  of  this  ordinance,  and  detain  such 
person  for  a  reasonable  time,  in  which  complaint  can  be  made 
and  a  warrant  issued  and  served.  No  child  or  minor  person 
arrested  under  the  provisions  of  this  ordinance  shall  be  placed 
in  confinement  until  the  parents  or  guardian  of  such  person 
shall  have  been  notified  of  such  arrest  and  shall  have  refused 
to  be  held  responsible  for  the  observance  of  the  provisions  of 
section  eleven  of  this  ordinance  by  said  minor  person.  [#. 
0.  No.  529,  Sec.  13. 

SEC.  14.  Playing  in  street,  etc. — Any  person  who 
shall  in  this  city  ride,  coast  or  slide  down  any  sidewalk  upon 
any  wagon,  sled,  sleigh  or  board,  or  who  shall  in  any  highway 
or  thoroughfare  play  at  any  game  of  amusement  or  engage  in 
any  sport  or  exercise  likely  to  scare  horses,  injure  passengers 
or  embarrass  the  passage  of  vehicles  or  pedestrians,  shall  be 
deemed  guilty  of  a  misdemeanor.  \_G.  O.  JVo.  529,  Sec.  14- 

SEC.  15.  Climbing  on  moving  car,  etc. — Any  per- 
son who  shall  in  this  city  jump  or  climb  upon  or  leave,  or  at- 


MISDEMEANORS.  511 

tempt  to  jump  or  climb  upon  or  leave,  any  street  car,  locomo- 
tive engine  or  train  of  cars  thereto  attached,  while  in  motion, 
unless  in  doing  so  he  acts  in  compliance  with  law  or  by  per- 
mission under  lawful  rules  and  regulations  of  the  corporation 
then  managing  such  street  car  or  railway  line,  shall  be  deemed 
guilty  of  a  misdemeanor.  \_G.  0.  No.  529,  Sec.  15. 

SEC.  16.  Disturbing  or  destroying  lamp  post, 
fire  alarm,  telegraph  poles,  etc. — Any  person  who  shall 
in  this  city  willfully  or  negligently  injure,  cut,  break,  disturb, 
dislocate,  remove,  destroy  or  interfere  with  any  lamp  post, 
bracket  or  gas  lamp,  or  fire  alarm  box,  or  telegraph,  telephone, 
electric  light,  district  messenger  or  fire  alarm  pole  or  post,  or 
the  wires  suspended  thereon  or  attached  thereto,  shall  be 
deemed  guilty  of  a  misdemeanor.  \_G.  0.  No.  529,  Sec.  16. 

SEC.  17.     Climbing  on  electric  light  poles. — Any 

person  who  shall  in  this  city  climb  or  attempt  to  climb  upon 
any  of  the  electric  light  poles  or  towers  of  the  city  of  St. 
Joseph,  except  employes  of  the  city  or  persons  duly  authorized 
and  permitted  by  proper  authorities,  shall  be  deemed  guilty  of 
a  misdemeanor.  \_G.  0.  No  529,  Sec.  17. 

SEC.  18.  Injuring  building,  post,  shade  trees, 
etc. — Any  person  who  shall  in  this  city  deface  or  injure  any 
building,  fence,  gate,  sign,  tree  box,  ornamental  or  shade  tree, 
shrubbery,  lamp  post,  street  fountain,  awning  post,  telegraph 
pole,  or  any  other  property  of  any  kind,  belonging  to  the  city 
or  to  any  person,  by  cutting,  breaking,  daubing  with  paint, 
filth,  offal  or  any  other  substance,  hitching  of  horses  or  other 
animals,  throwing  of  stones  or  other  missiles,  or  in  any  other 
way  or  manner  deface,  injure  or  tear  down  the  same,  or  com- 
mit any  other  dirty  or  filthy  act  by  throwing,  placing,  daubing 
or  depositing  any  filth,  the  contents  of  any  privy,  refuse,  ma- 
nure, animal  or  vegetable  matter  in,  upon  or  about  any  such 
property  or  premises,  shall  be  deemed  guilty  of  a  misdemeanor. 
[G.  0.  No.  529,  Sec.  18. 


512  GENERAL  ORDINANCES. 

SEC.  19.     Not  to  tear  up  bridge  or  change  creek. 

— Any  person  who  shall  in  this  city  destroy,  tear  up  or  injure 
any  bridge,  culvert  or  other  improvement  made  or  constructed 
by  or  uncfer  the  authority  of  this  city,  or  who  shall  change  the 
channel  of  any  water  coarse  so  as  to  cause  the  same  to  liow 
against  or  upon  any  such  improvement,  shall  be  deemed  guilty 
of  a  misdemeanor.  \_G.  O.  No.  529,  Sec.  19. 

SEC.  20.     Not  to  hitch  to  fence,  post,  shade  tree 

or  hydrant. — Any  person  who  shall  in  this  city  hitch  or  fas- 
ten any  animal  to  any  railing,  fence,  ornamental  or  shade  tree 
or  awning  post  or  lamp  post  not  belonging  to  him  or  his  em- 
ployer, or  to  any  street  hydrant  or  fire  plug,  shall  be  deemed 
guilty  of  a  misdemeanor.  \_G.  0.  No.  529,  Sec.  20. 

SEC.  21.     Fire  hose — penalty  for  driving  over.— 

Whenever  any  hose  of  the  fire  department  is  laid  upon  any 
street,  alley,  avenue,  public  place  or  vacant  lot  for  the  purpose 
of  being  used  by  said  department,  it  shall  not  be  lawful  for 
any  wagon,  carriage  or  vehicle  of  any  kind,  street  railway  car, 
locomotive  or  railroad  car  to  pass  over  the  same.  Any  owner, 
driver  or  other  person  in  charge  of  any  wagon,  carriage  or 
other  vehicle,  street  railway  car,  locomotive  or  railroad  car 
who  shall  knowingly  drive  or  run  over,  or  cause  the  same  to 
be  driven  or  run  over  such  hose,  shall  be  deemed  guilty  of  a 
misdemeanor.  [G.  0.  No.  529,  Sec.  21. 

SEO.  22.     Not   to  drive   on  bridge  faster  than  a 

walk. — Any  person  who  shall  in  this  city  ride  or  drive  any 
animal  on  any  wooden  bridge  faster  than  a  walk,  shall  be 
deemed  guilty  of  a  misdemeanor.  [  G.  0.  No.  529,  Sec.  22. 

SEC.  23.     Vehicles  not  to  be  driven  on  sidewalk, 

etc. — Any  person  who  shall  in  this  city  lead,  drive  or  ride  any 
horse  or  other  beast  of  burden,  or  shall  lead  or  drive  any  team 
attached  to  a  wagon  or  other  vehicle,  or  shall  draw,  push  or 
place  any  such  wagon  or  other  vehicle  upon  or  across  any  side- 
walk of  any  class  or  any  curbing,  or  shall  tear  up  or  otherwise 


MISDEMEANORS. 

injure  any  pavement  or  sidewalk  or  curbing,  shall  be  deemed 
guilty  of  a  misdemeanor.'  [G.  O.  No.  529,  Sec.  23. 

SEC.  24.  Fast  driving — leaving  animal  unfas- 
tened.— Any  person  who  shall  in  this  city  ride  or  drive  any 
animal  on  any  street,  avenue,  alley  or  other  public  place  in  a 
violent  or  furious  manner,  or  shall  ride  or  drive  any  such  ani- 
mal so  as  to  cause  such  animal  or  any  vehicle  thereto  attached 
to  come  in  collision  with  or  strike  any  other  object  or  any  per- 
son, or  shall  leave  any  such  animal  standing  in  any  street,  ave- 
nue, alley  or  public  place  without  being  fastened  or  so  guarded 
as  to  prevent  its  running  away,  shall  be  deemed  guilty  of  a 
misdemeanor.  [G.  O.  No.  529.  Sec.  24. 

SEC.  25.     Vehicles  to  keep  to   the  right. — In  all 

cases  of  persons  meeting  each  other  in  vehicles  in  any  highway 
or  thoroughfare  in  this  city,  each  person  so  meeting  shall  in  all 
cases  go  to  the  right  side,  so  as  to  enable  such  vehicles  to  pass 
each  other  without  accident.  Any  person  who  shall  violate 
this  section  shall  be  deemed  guilty  of  a  misdemeanor.  [G.  O. 
No.  5*29,  Sec.  25. 

SEC.  26.  Cruelty  to  Animals.  —  Any  person  who 
shall  in  this  city  over-drive,  over-load,  drive  when  over- 
loaded, torture,  torment  or  unnecessarily  or  cruelly  beat,  or 
needlessly  mutilate  or  kill  any  dumb  animal,  or  expose  any 
calves  or  sheep  upon  any  street,  sidewalk  or  market  with  their 
legs  tied,  or  shall  cause  or  procure  to  be  over  driven,  over- 
loaded, driven  when  overloaded,  ill  treated,  tortured,  tor- 
mented or  unnecessarily  or  cruelly  beaten,  or  needlessly  muti- 
lated or  killed,  as  aforesaid  any  dumb  animal,  or  shall  cause 
or  procure  any  calves  or  sheep  upon  any  street,  sidewalk  or 
market,  to  be  exposed  with  their  legs  tied  as  aforesaid,  shall 
for  every  such  offense,  be  deemed  guilty  of  a  misdemeanor. 
[G.  0.  No.  529.  Sec.  26. 

SEC.  27.  Slaughtering  of  Animals. — Any  person 
who  shall  in  this  city  kill  or  slaughter  beeves,  sheep,  hogs,  or 

37 


I 


5 14:  GENERAL  ORDINANCES. 

other  animals,  shall  be  deemed  guilty  of  a  misdemeanor;  pro- 
vided, that  this  shall  not  apply  to  regularly  established  beef 
and  pork  packing  houses,  or  slaughter  houses.  \_G.  O.  No. 
529,  Sec.  27. 

SEC.  28.     Operating   veterinary   hospital.  —  Any 

person  who  shall  in  this  city  maintain,  engage  in  or  assist  in 
operating  any  veterinary  hospital,  stable  or  place  of  business 
in  which  horses  or  other  diseased  animals  are  treated  for  their 
diseases,  shall  be  deemed  guilty  of  a  misdemeanor,  and  each 
day  any  person  shall  violate  the  provisions  of  this  section, 
after  being  once  convicted,  shall  be  deemed  a  separate  offense. 
[G.  O.  No.  529,  Sec.  28. 

SEC.  29.  Prohibiting  certain  modes  of  advertis- 
ing. —  Any  person  who  shall  in  this  city  in  or  upon  any 
street,  avenue,  sidewalk,  alley,  public  square  or  public  park, 
carry,  bear,  support  or  place,  or  cause  to  be  carried,  borne, 
supported  or  placed,  any  banner,  sign,  transparency,  frame 
work,  device  or  emblem  intended,  or  purporting  to  be  used,  as 
an  advertisement  or  publication  of  any  trade,  profession  or 
business,  place  of  business,  office,  store  or  occupation  what- 
ever, without  a  written  permit  from  the  mayor,  shall  be 
deemed  guilty  of  a  misdemeanor.  This  section  shall  not  ba 
construed  so  as  to  prevent  or  prohibit  any  person  or  corpor- 
ation from  advertising  their  business  or  calling,  on  any  wagon 
or  frame  of  a  wagon,  provided  such  advertisement  is  done  in  a 
manner  not  calculated  to  frighten  mules  or  horses,  or  obstruct 
or  interfere  with  the  passage  of  vehicles  or  pedestrians.  [  G.  0. 
No.  529,  Sec.  29. 

SEC.  30.  Posting  hand  bill,  notice,  etc. — No  per- 
son shall  in  this  city  paste,  tack,  nail,  post,  paint,  stamp  or 
print  any  poster,  hand  bill,  card,  advertisement  or  notice  of 
any  kind  whatever,  upon  any  wall,  fence,  house,  door  post, 
either  private  or  public,  without  first  having  obtained  permis- 
sion, in  writing,  from  the  owner  or  agent  of  the  property  in 


MISDEMEANORS.  515 

which  the  same  is  situated,  and  every  person  so  offending  shall 
be  deemed  guilty  of  a  misdemeanor.  [G.  O.  No.  529,  Sec.  30. 

SEC.  31.  Circulars  and  hand  bills  not  to  be 
thrown  on  streets. —  Any  person  who  shall  in  this  city 
distribute  hand  bills,  circulars,  cards  or  advertising  device  of 
any  kind  by  giving  them  to  any  person  passing  along  any 
sidewalk  or  thoroughfare,  or  by  throwing  them  upon  the  side- 
walks, gutters,  streets  or  public  thoroughfares,  shall  be  deemed 
guilty  of  a  misdemeanor,  [G'.  0.  No.  5*29,  Sec.  31. 

SEC.  32.  Distributing  samples  of  merchandise, 
hand  bills,  etc.,  without  license — penalty. — It  shall 
be  unlawful  for  any  person  to  distribute,  in  this  city,  samples 
of  merchandise,  hand  bills  or  other  advertising  matter  without 
first  having  obtained  a  license  so  to  do,  and  the  charge  for 
such  license  shall  be  fifteen  dollars  per  year,  or  five  dollars 
per  week.  Any  person  who  shall  violate  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  five  nor  more  than  fifty  dollars ; 
provided,  that  this  section  is  not  intended  to  prevent  any 
resident  merchant  from  distributing  his  own  samples  or  adver- 
tisements except  as  in  the  next  preceding  section  is  prohibited. 
[G.  O.  No.  529,  Sec.  3%. 

SEC.  33.     Distribution  of  samples  of  medicines, 

etc. — Any  person  who  shall  in  this  city  distribute  samples 
of  medicines,  foods  or  other  proprietary  preparations,  by  hand- 
ing them  to  persons  on  the  s-treets  or  thoroughfares,  or  by 
leaving  any  of  said  samples  in  the  yards  or  upon  the  premises 
of  any  private  residence  or  school,  shall  be  deemed  guilty  of  a 
misdemeanor.  [G.  0.  No.  529,  Sec.  33. 

SEC.   34.     Drawing  water  from  public  cistern.— 

Any  person  who  shall  take  or  draw  water  from  any  of  the 
public  cisterns  of  this  city  for  private  use  or  waste,  or  shall 
remove  the  cover  from  the  opening  of  any  such  cisterns,  shall 
be  deemed  guilty  of  a  misdemeanor.  [G.  0.  No.  529,  Sec.  34. 


516  GENERAL  ORDINANCES. 

SEC.  35.  Removing  guard  from  dangerous 
place. — Any  person  who  shall  knowingly  or  wilfully  remove, 
destroy,  of  interfere  with  any  barrier,  guard  or  light  placed 
before  or  at  any  dangerous  place  in  or  near  the  streets  or 
thoroughfares  of  this  city,  for  the  purpose  of  warning  or  pro- 
tecting travelers  or  other  persons  who  may  be  exposed  to 
injury  from  such  dangerous  places,  shall  be  deemed  guilty  of 
a  misdemeanor.  [G.  O.  No.  529 ',  Sec.  35. 

SEC.  36.  Leaving  rubbish  on  street  or  side- 
walk— penalty. — Any  person  or  persons  who  shall  have 
sidewalks  paved,  or  any  improvements  done  on  their  lots, 
who  shall  remove  broken  brick,  rock,  earth  or  rubbish  of  any 
kind  from  said  sidewalk,  or  from  any  portion  of  their  lot  or 
lots,  and  leave  the  same  on  any  street  or  alley,  or  shall  leave 
any  material  on  any  street  or  alley  longer  than  is  actually 
necessary  to  make  such  improvements,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  in 
any  sum  not  to  exceed  fifty  dollars  for  every  such  offense,  and 
a  like  sum  for  every  day  he  shall  allow  the  same  to  remain 
after  the  first  conviction.  [G.  O.  No.  529,  Sec.  36. 

SEC.  37.     Barb  wire  fences  prohibited — penalty. 

— The  erection  or  maintenance  of  any  fence  composed  wholly 
or  in  part  of  barbed  wire,  upon,  along  or  about  any  lot  or  par- 
cel of  ground  fronting  upon  or  adjoining  any  street,  alley, 
avenue,  public  common  or  public  thoroughfare  in  this  city  is 
hereby  prohibited.  All  suoh  fences  now  existing  or  that  may 
be  hereafter  erected,  are  declared  to  be  nuisances,  and  every 
owner  or  occupant  of  any  lot  or  parcel  of  ground,  who  shall 
maintain  or  erect  any  such  fence  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  not 
less  than  five  nor  more  than  twenty-five  dollars.  Every  day 
that  such  offense  shall  be  maintained  after  conviction  thereof, 
shall  constitute  a  separate  and  additional  offense.  [G.  0.  No. 
529,  Sec.  37. 


MISDEMEANORS.  517 

SEC.   38.     Business  houses  not  to  be  kept  open 

on  Sunday. — Any  person  who  shall  in  this  city  play,  on 
Sunday,  at  billiards,  ten  pins  or  other  game  of  amusement,  or 
shall  on  that  day,  keep  his  store,  shop  or  other  place  of  busi- 
ness open  or  sell  or  offer  to  sell  any  goods,  wares  or  mer- 
chandise, shall  be  deemed  guilty  of  a  misdemeanor.  [G.  O. 
No.  529,  Sec.  38. 

-  SEC.  39.  Swimming  restricted. — Any  person  who 
shall  bathe  or  swim  in  the  Missouri  river  or  in  any  other 
water  course,  pond  or  pool  in  this  city,  between  one  hour  of 
sun  rise  and  one  hour  after  sun  set,  without  being  sufficiently 
clothed  to  prevent  improper  exposure  of  his  person,  shall  be 
deemed  guilty  of  a  misdemeanor.  [G.  O.  No.  529,  Sec.  39. 

SEC.  40.  Escaping  from  custody. — Every  person 
lawfully  imprisoned  in  the  city  workhouse,  police  station,  or 
other  place  of  confinement,  or  held  in  custody  of  any  officer, 
for  any  cause  whatever,  who  shall  escape  or  attempt  by  force 
or  violence  to  any  person,  to  effect  his  escape  from  such  cus- 
tody, although  no  escape  be  effected,  shall  be  deemed  guilty 
of  a  misdemeanor.  \_G.  0.  No.  529,  See.  40. 

SEC.  41.  Falsely  representing  an  officer. — Who- 
ever shall  falsely  represent  himself  to  be  an  officer  of  this  city 
or  of  the  United  States  or  of  any  state,  county  or  city  within 
the  United  States,  or  shall,  without  being  duly  authorized, 
exercise  or  attempt  to  exercise  any  of  the  duties  or  functions 
of  any  such  officer,  or  shall  hinder,  obstruct  or  otherwise  inter- 
fere with  any  city  officer  in  the  discharge  of  his  official  duties, 
shall  be  deemed  guilty  of  a  misdemeanor.  \_G.  0.  No.  529, 
Sec.  41. 

SEC.  42.  Keeping  gambling  device,  etc. — gamb- 
ling.— Whoever  shall  in  this  city  set  up  or  keep  any  gaming 
table  or  gambling  device,  at  which  any  game  of  chance  shall 
be  played  for  money  or  property,  or  anything  representing 
money  or  property,  or  shall,  at  any  such  table  or  device,  or  at 


518  GENERAL  ORDINANCES. 

any  game  of  chance,  bet,  win  or  lose  any  money  or  property , 
or  anything  representing  the  same,  or  shall  suffer  any  such 
table  or  device  at  which  any  game  of  chance  is  played,  to  be 
set  up  or  used  in  any  tenement  in  his  possession  or  under  his 
control,  shall  be  deemed  guilty  of  a  misdemeanor,  and  it  shall 
be  the  duty  of  the  judge  of  the  police  court,  on  receiving  satis- 
factory information  of  any  such  table  or  device  being  so  set  up 
and  used,  to  issue  his  warrant  to  the  chief  of  police,  command- 
ing him  to  destroy  the  same,  which  warrant  shall  be  immedi- 
ately executed.  \G.  O.  No.  529,  Sec.  1$. 

SEC.  43.  Exposing  stallion. —  No  person  shall  in- 
decently exhibit  any  stud  horse,  jackass  or  bull,  or  let  any  such 
horse  or  jackass  to  any  mare,  or  any  bull  to  any  cow,  within 
the  limits  of  this  city,  unless  in  some  inclosed  place  out  of 
public  view  ;  and  every  person  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor.  [G.  O.  No.  o%9,  Sec.  43. 

SEC.  44.     Public  indecency — obscene  books,  etc. 

— Any  person  who  shall  in  this  city  appear  in  any  public  place 
in  a  state  of  nudity,  or  in  any  indecent  or  lewd  dress,  or  shall 
make  indecent  exposure  of  his  or  her  person,  or  be  guilty  of 
any  lewd  or  indecent  act  or  behavior,  or  shall  exhibit,  sell  or 
offer  to  sell  any  indecent  or  lewd  book,  picture  or  other  thing, 
or  shall  exhibit  or  perform  any  indecent,  immoral  or  lewd  play 
or  other  representation,  shall  be  deemed  guilty  of  a  misde- 
meanor. [G.  O.  No.  529,  Sec.  44. 

SEC.  45.  Licentious  conduct  forbidden. — No  pros- 
titute, courtesan  or  lewd  woman  shall,  within  the  limits  of  this 
city,  by  word,  sign  or  action,  ply  her  vocation  on  any  street, 
alley  or  avenue  of  the  city,  or  in  any  other  public  place,  or  at 
any  door  or  open  window  of  the  house  or  room  she  may 
occupy  ;  and  any  such  prostitute,  courtesan  or  lewd  woman 
who  shall  violate  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor.  \_G.  O.  No.  5%9,  Sec.  Ifi. 

SEC.  46.  Keeping  bawdy  house. — Any  person  who 
shall  in  this  city  keep  or  maintain  a  bawdy  house,  house  of  il] 


MISDEMEANORS.  519 

fame  or  assignation  house  or  place  for  the  practice  of  fornica- 
tion, or  who  shall  be  interested  in  any  such  house  as  proprietor 
or  landlord,  or  any  person  who  shall  use,  occupy  or  knowingly 
permit  any  house,  building  or  tenement  owned  by  him  or  her, 
or  under  his  or  her  control,  to  be  used  or  occupied  as  a  bawdy 
house,  house  of  ill  fame,  assignation  house  or  for  the  purposes 
of  fornication,  shall  be  deemed  guilty  of  a  misdemeanor.  [G. 
O.  No.  529,  Sec.  46. 

SEC.  47.     Inmate  or  boarder  in  bawdy  house. — 

Any  person,  male  or  female,  who  shall  in  this  city  be  the  in- 
mate of  or  boarder  or  lodger  in,  or  who  shall  in  any  way  con- 
tribute to  the  support  of  any  bawdy  house,  house  of  ill  fame, 
assignation  house  or  other  place  kept  or  maintained  for  the 
practice  of  fornication,  shall  be  deemed  guilty  of  a  misde- 
meanor. [G.  O.  No.  529,  Sec.  47. 

i 

SEC.  48.  Frequenting  bawdy  house. — Any  person, 
male  or  female,  who  shall  at  any  time  in  this  city  be  found  in 
or  frequenting  or  loitering  about  any  bawdy  house,  house  of  ill 
fame,  assignation  house  or  other  place  kept  or  maintained  for 
the  practice  of  fornication,  shall  be  deemed  guilty  of  a  misde- 
meanor :  Provided,  the  provisions  of  this  section  shall  not  be 
construed  so  as  to  apply  to  any  person  or  persons  showing  by 
competent  proof  that  they  visited  such  place  on  lawful  busi- 
ness. [G.  O.  No.  529,  Sec.  48. 

SEC.  49.  Same — reputation  of  house  in  evi- 
dence.— In  order  to  convict  any  person  for  a  violation  of  any 
of  the  provisions  of  the  last  three  preceding  sections,  the  char- 
acter of  such  house  or  place  may  be  established  by  proof  that 
the  same  is  generally  reputed  to  be  a  bawdy  house;  house  of 
ill  fame,  assignation  house  or  a  place  for  the  practice  of  forni- 
cation. [G.  O.  No.  529,  Sec.  49. 

SEC.  50.     Permitting   weeds  to  remain  on  lot — 
malty. — It  shall  be  unlawful  for  any  owner  or  other  person 
in  charge  of  or  having  the  control  or  management  of  any  lot 


520  GENERAL  ORDINANCES. 

or  parcel  of  ground  in  this  city,  to  permit  weeds  to  grow,  or 
remain  when  grown  or  to  remain  in  a  decaying  condition  after 
being  cut  on  any  such  lot  or  parcel  of  ground  and  any  person 
so  offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  lined  not  less  than  one  nor 
more  than  twenty-five  dollars  for  such  offense;  and  each  day 
any  such  person  shall  violate  the  provisions  of  this  section 
shall  constitute  a  separate  and  distinct  offense.  [G.  O.  No. 
529,  Sec.  50. 

SEC.  51.  Pools,  ponds  and  filth  not  allowed  on 
vacant  property — penalty. — It  shall  be  unlawful  for  any 
owner  or  other  person  in  charge  of  or  having  the  control  or 
management  of  any  lot  or  parcel  of  ground  within  this  city, 
between  the  first  day  of  June  and  the  last  day  of  September 
of  each  year,  to  keep  or  permit  any  pond  or  pool  of  water 
upon  any  such  premises,  or  to  permit  or  keep  any  rubbish  or 
filth  of  any  kind  whatever  upon  any  such  premises,  and  any 
person  so  offending  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  five 
nor  more  than  twenty-five  dollars  for  such  offense  ;  and  each 
day  such  person  shall  violate  the  provisions  of  this  section 
shall  constitute  a  separate  and  distinct  offense.  [G.  O.  No. 
529,  Sec.  51. 

SEC.  52.     Throwing  fruit  or  vegetable  substance 

on  sidewalk. — Any  person  who  shall  in  this  city  throw  or 
place  upon  any  sidewalk  or  crosswalk  any  part  of  fruit  or  veg- 
etable or  other  substance  which,  when  stepped  upon  by  any 
person,  is  liable  to  cause  him  or  her  to  slip  or  fall,  shall  be 
deemed  guilty  of  a  misdemeanor.  [G.  0.  No.  529,  Sec.  52. 

SEC.  53.     Interfering  with  water  pipes  or  valves 

—penalty. — If  any  person  shall  interfere  with  any  water 
pipe  of  the  St.  Joseph  Water  company  without  the  consent  of 
the  said  company  first  had  and  obtained,  by  tapping  the  same 
or  by  making  any  connection  therewith,  or  shall,  without  such 
permission,  interfere  with  any  valve  or  connection  made  with 


PENALTIES.  521 

such  water  pipe  so  as  to  let  the  water  into  any  service  pipe  or 
turn  it  off  from  the  same,  such  person  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum 
of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 
[G.  0.  No.  443,  Sec.  1. 

SEC.  54.  Injuring  books,  etc.,  of  public  library 
—penalty. — Any  person  who  shall  carry  away  without 
authority,  wilfully  or  maliciously  cut,  write  upon,  injure, 
deface,  tear  or  destroy  any  book,  periodical,  map,  newspaper, 
plate,  engraving  or  other  property  belonging  to  the  city  of 
St.  Joseph,  and  constituting  part  of  the  property  devoted  to 
the  use  of  the  free  public  library,  shall  be  subject  to  a  fine  of 
not  less  than  two  dollars  nor  more  than  twenty-five  dollars, 
and  the  cost  of  prosecution.  [G.  0.  No.  553,  Sec.  1. 

ARTICLE  II. 

PENALTIES. 

SECTION  SECTION 

1.  Misdemeanor  defined.  3.    Penalty   when    no    other     is    pre- 

2.  Punishment  for  misdemeanor  where  scribed. 

no  specific  penalty  is  prescribed. 

SECTION  1.     Misdemeanor    defined.— Whenever  the 

term  "misdemeanor"  is  used  in  any  ordinance  of  the  city  of 
St.  Joseph,  it  shall  be  construed  to  mean  and  to  stand  in  lieu 
of  "violation  of  ordinance."  \G.  0.  No.  530,  Sec.  1. 

SEC.  2.  Punishment  for  misdemeanor  where 
no  specific  penalty  is  prescribed. — Any  person  who 
shall  be  convicted  of  any  misdemeanor  under  the  provisions 
of  any  ordinance  of  the  city  of  St.  Joseph,  in  case  where  no 
penalty  is  otherwise  provided  or  prescribed,  shall  be  fined  not 
exceeding  two  hundred  dollars  for  every  offense.  \_G.  O.  No. 
530,  Sec.  2. 

SEC.   3.     Penalty  when  no  other  is  prescribed. — 

Whenever  in  any  ordinance,  the  doing  of  any  act,  or  the 
omission  to  do  any  act  or  duty,  is  declared  to  be  a  breach 


522 


GENERAL  ORDINANCES. 


thereof,  and  there  shall  be  no  fine  or  penalty  prescribed  for 
such  breach,  any  person  who  shall  be  convicted  of  any  such 
breach  shall  be  adjudged  to  pay  a  fine  not  exceeding  two  hun- 
dred dollars.  [G.  0.  No.  530,  Sec.  3. 


CHAPTER  LI. 
NUISANCES. 


3. 
4. 

5. 
6. 

7. 

8. 

9. 
10. 

11. 
12. 


SECTION 

13.    Nuisance  on  property  of  non-resi- 
dents, how  abated. 
Sewers,    sewer    inlets,  vaults   and 

privies ;  rubbish  not  to  be  thrown 

into. 
Removal  of  house  dirt,  etc.,  license 

for. 
Throwing  rubbish,  etc.,  in  street — 

permit  necessary. 
Same :  persons  offending  liable. 
Rubbish  to  be  removed,  how. 
Penalty. 
Health  officer  to  cause  city  to  be 

examined. 

Certain  matters  declared  nuisances. 
May  be  abated  by  city,  costs  taxed 

against  property,  when. 
Preceding  sections,  how  construed. 


14. 


15. 
16. 

17. 

18. 
19. 
20. 

21. 
22. 

23. 


SECTION 

1.  Privies ;   penalty  for  neglecting  to 

provide. 

2.  Same ;    location    and    manner    of 

building. 

Time  for  emptying  privy  vaults. 

Removal  of  dead  animals. 

Storage  of  green  or  salted  hides. 

Cattle  and  swine  yards;  when  of- 
fensive. 

Deposit  of  offal,  filth,  etc. 

Removal  of  putrid  and  offensive 
matter. 

Rendering  of  tainted  or  damaged 
substance. 

Nauseous  and  offensive  establish- 
ments. 

Offensive  grounds  and  premises. 

Foul  and  offensive  privies,  cellars, 
vaults. 

SECTION  1.  Privies — penalty  for  neglect  to  pro- 
vide.— The  owner,  agent  or  occupant  having  the  charge  of 
any  tenement  used  as  a  dwelling,  or  for  lodging  purposes, 
within  the  city  of  St.  Joseph,  shall  furnish  the  same  with  a 
suitable  privy,  sufficient  for  the  accommodation  of  all  who 
may  use  it.  Any  person  or  persons  neglecting  to  comply  with 
the  provisions  of  this  section  shall  be  subject  to  a  fine  of  ten 
dollars  for  failing  to  comply  with  the  same  within  a  reasonable 
time  (not  to  exceed  thirty  daysj  after  notice  from  the  health 
officer  of  said  city,  and  a  fine  of  five  dollars  for  every  day's 
neglect  and  failure  thereafter  to  comply  with  the  provisions  of 
this  section.  \E.  0.  1888,  Chap.  48,  Sec.  1. 

SEC.  2.  Same ;  location  and  manner  of  build- 
ing.—If  any  person  shall  erect  or  continue  any  privy  within 
twenty  feet  from  any  street,  or  the  dwelling,  shop  or  well  of 


NUISANCES.  523 

any  other  person,  in  said  city,  unless  the  same  be  furnished 
with  a  substantial  vault  at  least  six  feet  deep,  and  made  tight, 
so  that  the  contents  cannot  escape  therefrom,  and  sufficiently 
secured  and  enclosed,  he  shall  be  subject  to  a  fine  of  not  less 
than  ten  dollars,  and  a  like  fine  for  every  week  he  shall  con- 
tinue the  same  after  the  first  conviction.  [72.  O.  1888,  Chap. 
48,  Sec  0. 

SEC.  3.     Time  when  privy  vault  may  be  emptied; 

—No  privy  vault  shall  be  emptied  between  the  fifteenth  day 
of  June  and  the  fifteenth  day  of  September,  unless,  on 
inspection,  the  health  officer  shall  be  satisfied  that  the  same  is 
necessary  for  the  health  and  comfort  of  the  inhabitants ;  and 
in  such  case  no  more  of  the  contents  of  such  vault  shall  be 
taken  away  than  shall  be  necessary  for  present  safety  and 
relief,  and  with  such  precautions  relative  to  the  prevention  of 
any  offensive  effluvia  as  the  health  officer  shall  direct : 
Provided,  no  privy  vault  within  this  city  shall  be  opened,  nor 
the  contents  thereof  disturbed  or  removed,  between  the  hours 
of  three  o'clock  A.  M.  and  ten  o'clock  P.  M.,  of  any  day.  Any 
person  violating  any  of  the  provisions  of  this  section  shall  be 
subject  to  a  fine  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars  for  every  offense.  [72.  O.  1888,  Chap. 
48,  Sec.  3.  • 

SEC.  4.  Removal  of  dead  animals. — The  owner  or 
possessor  of  any  dumb  animal  which  may  die  within  the  city 
shall,  within  twenty-four  hours  thereafter,  cause  the  carcass  to 
be  removed  beyond  the  limits  of  the  city.  Any  person 
violating  this  section  shall  be  subject  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars.  [72.  O.  1888, 
Chap.  48,  Seo.  4. 

SEC.  5.  Storing  green  or  salted  hides. — No  per- 
son shall  place  or  store  any  green  or  salted  hides  in  any  store, 
warehouse  or  other  building  or  place  within  the  limits  of  this 
city,  so  that  odor  arising  from  said  hides  shall  annoy  or  dis- 
turb the  occupants  of  any  tenement  in  the  vicinity,  under  a 


524:  GENERAL  ORDINANCES. 

penalty  of  not  less  than  five  dollars  nor  more  than  one  hun- 
dred dollars,  and  a  like  penalty  for  every  day  the  same  shall 
be  continued  after  the  first  conviction,  [fi.  O.  1888 ,  Chap. 
48,  Sec.  5. 

SEC.   6.     Offensive  pens  for  cattle  or  hogs. — Any 

person  or  persons  who  shall  own,  keep  or  use  any  yard,  pen, 
place  or  premises,  in  or  upon  which  any  number  of  cattle  or 
swine  shall  be  so  kept  as  to  be  offensive  to  those  residing  in  the 
vicinity,  or  an  annoyance  to  the  public,  shall  be  deemed  the 
author  of  a  nuisance,  and  on  conviction  shall  be  subject  to  a 
fine  of  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars,  and  to  a  like  fine  for  every  day  he  or  they  shall  neg- 
lect or  refuse  to  abate  such  nuisance  after  a  conviction  for  the 
first  offense.  [R.  0.  1888,  Chap.  48,  Sec.  6. 

SEC.  7.  Offal,  rubbish,  filth,  slops,  etc. — Any  dis- 
tiller, tanner,  brewer,  butcher,  pork  and  beef  packer,  soap 
boiler,  tallow  chandler,  dyer,  livery  stable  keeper,  or  other 
person  whatsoever,  who  shall  cause  or  suffer  any  offal,  manure, 
rubbish,  tilth,  still  si  ops,  or  any  refuse  animal  or  vegetable 
matter,  or  any  foul  or  nauseous  liquor  to  be  discharged  out  ot\ 
or  flow  from  any  premises  owned  or  occupied  by  him,  or  be 
thrown  into,  deposited  or  left  in  any  stream  of  water  within 
the  limits  of  this  city,  the  Missouri  river  excepted,  or  in 
or  upon  any  street,  alley,  avenue,  public  square,  vacant  lot, 
wharf  or  river  bank  'in  said  city,  shall  be  subject  to  a  fine  of 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars 
for  every  offense.  [R.  0.  1888,  Chap.  48,  Sec.  7. 

SEC.  8.     Offensive    matter  to  be  removed. — No 

person  shall  permit  or  suffer  any  substance  of  the  nature  men- 
tioned in  the  preceding  section,  which  is  liable  to  become 
putrid  or  offensive  or  injurious  to  the  public  health,  to  remain 
on  any  premises  owned  or  occupied  by  him  in  this  city  for  a 
longer  period  than  twenty-four  hours  at  any  one  time,  from  the 
first  day  of  March  to  the  first  day  of  November  in  any  year,  or 
exceeding  forty-eight  hours  during  any  other  part  of  the  year,  but 


NUISANCES.  525 

the  same  shall  be  removed  or  buried  within  the  time  above 
designated.  Any  person  who  shall  violate  any  provision  of 
this  section  shall  be  subject  to  a  fine  of  not  less  than  five  dol- 
lars nor  more  than  one  hundred  dollars  for  every  offense,  and 
to  a  like  fine  for  every  day  the  same  shall  be  allowed  to  remain 
after  a  conviction  for  the  first  offense.  \_E.  O.  1888,  Chap. 
48,  Sec.  8. 

SEC.  9.     Offensive  smells  from  rendering,  etc.— 

No  person  shall  steam  or  boil  or  in  any  way  render  any  offal, 
tainted  or  damaged  lard  or  tallow,  or  steam  or  render  any  ani- 
mal substance  in  such  a  manner  as  to  occasion  any  offensive 
smell,  or  which  will,  by  undergoing  such  process,  so  taint  the 
air  as  to  render  it  unwholesome  or  offensive  to  the  smell,  with- 
in the  limits  of  this  city.  Any  person  who  shall  violate  any 
provision  of  this  section  shall  be  subject  for  each  offense  to  a 
fine  of  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars.  [E.  O.  1888,  Chap.  48,  Sec.  9. 

SEC.  10.     Foul  or  offensive  establishments. — Any 

owner  or  occupant  of  any  tallow  chandler's  shop,  soap  factory, 
tannery,  distillery,  livery  stable,  cattle  yard  or  shed,  barn, 
packing  house,  slaughter  house  or  rendering  establishment 
within  this  city,  who  shall  suffer  the  same  to  become  nauseous, 
foul  or  offensive,  shall  be  fined  in  a  sum  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  in  every  case.  [R. 
0.  1888,  Chap.  48,  Sec.  10. 

SEC.  11.  Offensive  grounds. — If  any  person  shall 
own,  occupy  or  keep  any  grounds  or  other  premises  within  this 
city  in  such  condition  as  to  be  offensive  and  a  nuisance  to  the 
neighborhood,  he  shall  be  subject  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars,  and  to  a  like  fine 
for  every  day  such  nuisance  shall  continue  after  the  first  con- 
viction. [JR.  O.  1888,  Chap,  48,  Sec.  11. 

SEC.  12.     Sinks,  sewers   and   vaults,  etc. — If  any 

person  shall  suffer  or  permit  any  cellar,  vault,  private  drain, 


526  GENERAL  ORDINANCES. 

pool,  privy,  sewer  or  sink  upon  any  premises  belonging  to  or 
occupied  by  him,  within  this  city,  to  become  nauseous,  foul, 
offensive  or  injurious  to  the  public  health,  he  shall  be  subject 
to  a  tine  of  not  less  than  five  dollars  nor  more  than  one  hun- 
dred dollars  in  every  case,  and  to  a  like  fine  for  every  day  the 
same  shall  continue  after  the  first  conviction.  [It.  O.  1888, 
Chap.  48,  Sec.  12. 

SEC.     13.     Nuisance  on  property  of  non-resident. 

— Whenever  any  non-resident  owning  any  real  estate  or  other 
property  within  the  corporate  limits  of  the  city,  shall  permit  a 
public  nuisance  to  exist  thereon,  it  shall  be  the  duty  of  the 
street  commissioner  to  abate  said  nuisance,  and  the  property 
shall  be  held  liable  for  the  full  amount  of  the  cost  of  abating 
said  nuisance.  [G.  0.  1880,  Chap.  46,  Sec.  13. 

SEC.   14.     Refuse  matter  not  to  be  thrown  into 

sewer,  etc. — No  person  shall,  in  this  city,  deposit  or  throw 
into  any  sewer,  sewer  inlet  or  privy  vault  which  has  a  sewer 
connection,  any  animal  or  vegetable  substance,  or  any  straw, 
hay,  ashes,  soot  or  any  article  or  substance  whatever.  Any 
person  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  five  hun- 
dred dollars  for  every  such  offense.  \_JR.  0.  1888,  Chap.  48, 
Sec.  14. 

SEC.  15.     License  to  remove  house  dirt,  etc.— 

conditions  of. — No  person  shall,  in  this  city,  carry  in  a 
public  street,  any  house  dirt  or  house  offal,  either  animal  or 
vegetable,  or  grease  or  bones  or  other  refuse  substances, 
unless  he  has  complied  with  the  provisions  of  the  laws  and 
ordinances  regulating  the  removal  of  garbage  or  has  been 
expressly  licensed  therefor,  by  the  board  of  health,  upon  such 
terms  and  conditions  as  said  board  may  deem  that  the  health 
and  interests  of  the  city  require.  [R.  O.  1888,  Chap.  48, 
Sec.  15.  Amended  G.  0.  No. 


NUISANCES.  527 

SEC.  16.  Throwing  rubbish  in  street,  etc. — per- 
mit for. — No  person  shall,  without  permission  from  the  board 
of  health,  throw  into  or  leave  in  or  upon  a  street,  wharf,  pub- 
lic enclosure,  vacant  lot  or  pond,  or  other  body  of  water  within 
the  city,  any  dead  animal,  sweepings,  waste,  rubbish  or  filth 
of  any  kind,  or  any  refuse  animal  or  vegetable  matter  what- 
ever. [!/2.  0.  1888,  Chap.  48,  Sec.  16.  Amended  G.  0. 
No.  526. 

SEC.  17.     Same — persons  offending  liable. — If  any 

of  the  substances  mentioned  in  the  next  preceding  section  are 
thrown  or  carried  from  a  house,  warehouse,  shop,  cellar,  yard 
or  other  place,  the  persons  who  actually  threw,  carried  or  left 
the  same,  or  who  caused  the  same  to  be  thrown,  carried  or 
left,  shall  severally  be  held  liable  for  a  violation  of  the  said 
section  ;  and  all  substances  .so  thrown  or  carried  or  left,  shall 
within  two  hours  after  personal  notice  in  writing  to  that  effect 
given  by  the  board  of  health,  be  removed  by  such  owners, 
occupants  or  other  person  from  the  place  where  they  have  been 
so  thrown  or  left  as  aforesaid;  or  such  removal  shall  be  made 
under  the  direction  of  said  board  and  the  expense  thereof 
borne  by  such  owners  or  occupants.  [12.  O.  1888,  Chap.  48, 
Sec.  17.  Amended  G.  0.  No.  526. 

SEC.  18.  Rubbish  to  be  removed,  how. — All  dirt, 
sawdust,  soot,  ashes,  cinders,  shavings,  hair,  shreds,  manure, 
waste,  water  and  all  animal  or  vegetable  substances,  rubbish  or 
filth  of  any  kind  in  a  house,  warehouse  or  other  building, 
cellar,  yard,  unoccupied  street,  alley-way  or  other  place 
where  the  same  shall  be  found,  shall  be  removed  within 
twenty-four  hours,  or  such  other  time  as  the  said  board 
may  deem  reasonable,  after  notice  in  writing  to  that  effect 
served  personally  upon  the  owner  or  occupant,  or  upon  his 
authorized  agent,  by  the  street  commissioner  or  such  other 
person  as  the  board  of  health  may  direct,  or  left  at  the  owner's, 
occupant's  or  agent's  last  and  usual  place  of  abode,  if  the  same 
is  known  and  is  within  the  state  ;  or  such  removal  shall  be 


528  GENERAL  ORDINANCES. 

made  under  the  direction  of  the  board  of  health,  and  the  ex- 
pense thereof  borne  by  the  owner  or  occupant.  No  person 
removing  any  of  the  substances  named  in  this  section  shall 
suffer  it  to  leak,  escape  or  drop  from  any  vehicle  by  him  owned 
or  driven  into  or  upon  the  street,  court,  square,  lane,  alley, 
wharf  or  vacant  lot  within  the  limits  of  this  city.  [JR.  0. 
1888,  Chap.  48,  Sec.  18.  Amended  G.  O.  No.  526. 

SEC.  19.  Penalty. — Any  personwho  shall  fail  or  neglect 
to  comply  with  any  or  either  of  the  foregoing  requirements  of 
this  chapter,  or  who  shall  violate  any  section,  clause  or  pro- 
vision of  any  of  the  preceding  sections  thereof,  where  no  pen- 
alty is  specially  imposed,  shall  on  conviction  pay  a  fine  of  not 
less  than  two  dollars  nor  more  than  one  hundred  dollars.  [7?, 
O.  1888,  Chap.  48,  Sec.  19.  Amended  G.  0.  No.  526. 

SEC.  20.  Police  shall  examine  city  and  report  vio- 
lations— when. — For  the  purpose  of  carrying  the  foregoing 
provisions  into  effect,  it  shall  be  the  duty  of  the  chief  of  police, 
whenever  required  by  the  board  of  health,  to  detail  a  sufficient 
number  of  the  police  force,  to  be  under  the  control  of  the 
health  officer,  to  make  from  time  to  time,  and  as  often  as  may 
be  required,  a  thorough  and  systematic  examination  of  the 
city,  and  to  ascertain  and  report  to  the  proper  authority,  for 
prosecution,  all  violations  of  this  chapter  ;  and  for  this  purpose 
they  shall  be  permitted  at  all  times  to  visit  and  enter  into  or 
upon  any  building,  lot  or  grounds  within  the  limits  of  this  city 
and  make  examinations  thereof.  [R.  0.  1888,  Chap.  48,  Sec. 
20.  Amended  G.  O.  No.  526. 

SEC.  21.     Certain  matters  declared  nuisances.— 

Among  other  things  and  acts  which  make  and  constitute  a 
nuisance  in  the  city,  the  following  shall  be  deemed  and  de- 
clared to  be  nuisances  and  injurious  to  the  public  health  when 
existing  within  the  city  limits  which  may  be  abated  by  the  city 
in  the  manner  and  form  prescribed  by  section  22  of  this  chap- 
ter ;  allowing  dead  or  decaying  animals,  fowls,  fish  or  flesh  of 
any  kind  to  be  and  remain  upon  any  premises  for  a  longer 


NUISANCES.  529 

period  than  twenty-tour  hours  ;  the  storing  of  green  or  salted 
hides  in  any  warehouse  or  other  building  sp  that  the  odor  aris- 
ing therefrom  shall  annoy  or  disturb  the  occupants  of  any  ten- 
ement in  the  vicinity  ;  the  keeping  or  using  of  any  yard,  pen, 
place  or  premises  in  or  upon  which  any  swine,  cattle  or  fowls 
shall  be  kept  so  as  to  be  offensive  to  those  residing  in  the 
vicinity  or  an  annoyance  to  the  public;  the  permitting  or  allow- 
ing upon  any  premises  for  more  than  twenty-four  hours,  or  the 
depositing  or  discharging  into  or  upon  any  street,  or  alley,  or 
into  any  ravine,  creek  or  river,  except  the  Missouri  river,  any 
offal,  manure,  rubbish,  filth,  still  slops,  or  any  refuse  animal 
or  vegetable  matter,  or  any  foul  or  nauseous  liquor  from  any 
lot,  private  house,  hotel,  barn,  stable  or  building  of  any  kind, 
distillery,  tannery,  brewery,  meat  shop,  pork  or  beef  packing 
house,  soap  factory,  dyeing  establishment,  livery  stable,  cow 
shed,  cattle  yard,  tallow  chandler  shop,  slaughter  house  or  ren- 
dering establishment ;  the  steaming,  boiling  or  in  any  way  ren- 
dering of  any  offal,  tainted  or  damaged  lard  or  tallow  or  any 
animal  substance  in  such  a  manner  as  to  cause  an  offensive 
odor  or  taint  the  air  and  render  it  unwholesome  ;  permitting  or 
causing  any  cellar,  vault,  privy,  private  drain,  sewer  or  sink, 
on  any  premises  to  be  nauseous,  foul  and  offensive  ;  permitting 
or  allowing  any  pond  or  pool  of  water  to  be  or  remain  upon 
any  premises  between  the  first  day  of  June  and  the  last  day  of 
September  ;  permitting  or  allowing  weeds  to  grow,  or  remain 
after  being  cut,  when  grown  upon  any  lot  or  parcel  of  ground, 
and  the  permitting  or  allowing  upon  any  premises  any  and  all 
other  substance  whether  vegetable  or  animal  being  in  a  decay- 
ing condition  which  emit  foul,  nauseous,  poisonous,  unwhole- 
some or  disagreeable  gases,  odors  or  effluvia.  [7?.  O.  1888, 
Chap.  48,  Sec.  m.  Amended  G.  O.  No.  494. 

SEC.  22.  May  be  abated  by  city  —  costs  taxed 
against  property,  when. — If  any  nuisance  shall  be  caused 
or  permitted  to  remain  or  be  maintained  upon  any  private 
property  by  the  occupant  or  owner  of  the  premises,  or  his  or 


530  GENERAL  ORDINANCES. 

their  agents,  then  in  addition  to  the  fines  and  penalties  other- 
wise prescribed  by.  ordinance  against  the  person,  owner  or 
occupant  who  may  cause,  permit  or  maintain  such  nuisance,  it 
shall  be  the  duty  of  such  owner  or  occupant  to  abate  such  nui- 
sance or  cause  the  same  to  be  abated  within  twenty-four  hours 
after  written  notice  being  served  by  the  street  commissioner 
or  any  health  officer  on  such  owner,  occupant  or  his  or  their 
agent  so  to  do,  and  if  such  person  shall  fail  or  neglect  to  abate 
such  nuisance  or  cause  the  same  to  be  abated  within  such  time, 
then  such  nuisance  may  be  removed  or  abated  in  a  summary 
manner  by  the  city  of  St.  Joseph  and  the  costs  or  expenses 
incurred  by  the  city  in  removing  or  abating  such  nuisance 
within  the  city  limits  shall  be  assessed  against  the  owner  or 
occupant,  if  caused  or  permitted  by  them  or  either  of  them  or 
their  agent,  and  the  same  shall  be  assessed  as  a  special  tax 
bill  against  the  property  upon  which  such  nuisance  may  be, 
which  shall  be  a  special  lien  against  such  property  in  the  same 
manner  and  with  the  same  effect  as  special  tax  bills  are  for 
paving.  [E.  0.  1888,  Chap.  48,  Sec.  <23.  Amended  O.  0. 
No.  494. 

SEC.  23.     Preceding  sections,  how  construed.— 

Nothing  contained  in  the  two  preceding  sections  shall  b6  con- 
strued to  relieve  any  person  from  any  fine,  penalty,  burden, 
duty  or  punishment  otherwise  prescribed  by  ordinance  for  the 
commission  of  any  misdemeanor  or  for  the  permitting,  causing 
or  maintaining  any  nuisance  within  the  city.  [R.  0.  1888, 
Chap.  48,  Sec.  24-  Amended  G.  0.  No.  494- 


CITY  OFFICERS  AND  EMPLOYES. 


531 


CHAPTER  LIL 
OFFICERS  AND  EMPLOYES,  CITY. 


SECTION 

1.  City  officer  not  accepted  on  bond. 

2.  Officer   not  to  be  absent   without 


10. 


Books,  papers  and  furniture  to  be 
delivered  to  successor. 

Books  and  papers  subject  to  in- 
spection. 

Officer  must  not  deal  in  city  war- 
rants, etc. 

Cannot  retain  city's  money  for 
wages  or  salary. 

Term  of  office  two  years  unless 
otherwise  provided. 

Suspended  officer  to  be  investigated 
by  a  committee. 

Copy  of  charges  to  be  served  on 
accused. 

Council  to  hear  evidence. 


SECTION 

11.  Decision;  effect  thereof . 

12.  Proceedings     to     be     entered    on 

journal. 

13.  Witnesses  may  be  subpoenaed. 

14.  Defaulting   witness   may  be    pun- 

ished. 

15.  Depositions   may   be   read  at  the 

trial. 

16.  Case  to  be  represented  by  counsel. 

17.  Fees  of  witnesses  to  be  paid. 

18.  Officers  may  appoint  deputies,  etc. 

19.  City  employe  must  be  a  citizen,  etc. 

20.  Eight  hours  declared  a  legal  day's 

work. 

21.  Officer  shall  place  money  deposits 

in  city  depository,  etc. 

22.  Same;  penalty. 


SECTION  1.     City  officer  not  accepted  on  bond.— 

No  member  of  the  common  council  or  other  officer  of  said 
city  shall  be  accepted  as  security  on  any  official  bond,  and  no 
such  bond  shall  be  approved  by  the  comptroller  unless  the 
form  thereof  shall  have  been  first  approved  by  the  city  coun- 
selor, attested  by  his  endorsement  thereon.  [7?.  O.  1888, 
Chap.  49,  Sec.  1. 

SEC.  2.  Officer  not  to  be  absent  without  leave. — 
Any  officer  desiring  to  be  temporarily  absent  from  the  city 
shall  apply  to  the  mayor  for  leave  of  absence,  which  may,  in 
the  discretion  of  the  mayor,  be  granted,  in  writing,  for  any 
term  not  exceeding  thirty  days,  and  when  granted  shall  be 
filed  with  the  clerk  ;  and  if  any  officer  shall  be  absent  from  the 
city  more  than  ten  days  without  such  written  permission,  the 
mayor  may  declare  his  office  vacant.  [R.  0.  1888,  Chap.  49, 
Sec.  2. 

SEC.  3.  Books,  etc.,  to  be  delivered  to  suc- 
cessor.— Every  officer  shall,  upon  going  out  of  office,  deliver 
to  his  successor  all  books,  papers,  furniture  and  other  things 
appertaining  to  his  office.  [R.  0.  1888,  Chap.  49,  Sec.  3. 


532  GENERAL  ORDINANCES. 

SEC.  4.  Books  may  be  inspected. — Every  officer 
shall,  at  all  times  when  required,  submit  the  books  and  papers 
of  his  office  to  the  inspection  of  the  mayor,  city  counselor  or 
any  member  of  the  common  council.  \_jR.  0.  1883,  Chap.  1$, 
Sec.  4. 

SEC.  5.  Officer  must  not  deal  in  city '  warrants, 
etc. — No  officer  of  this  city,  nor  any  deputy,  clerk  or  em- 
ploye of  any  such  officer,  nor  any  servant  or  agent  of  this  city, 
shall  directly  or  indirectly,  himself  or  by  another,  for  his  own 
or  another's  benefit,  deal  in  the  purchase  of  city  warrants, 
bonds  or  other  obligations  of  this  city.  [R.  0.  1888,  Chap. 
49,  Sec.  5. 

SEC.  6.  Cannot  retain  city  money  for  wages  or 
salary. — No  city  officer  collecting  money  on  account  of  the 
city  of  St.  Joseph  shall  retain  the  same,  or  any  part  thereof, 
to  satisfy  any  claims  for  wages  or  salary  which  he  may  have 
against  the  city.  \R.  0.  1888,  Chap.  49,  Sec.  6. 

SEC.  7.     Term  of  office  two  years  unless,  etc.— 

All  officers  of  this  city,  unless  otherwise  provided  by  law  or 
ordinance,  shall  hold  their  offices  for  two  years  and  until  their 
successors  shall  be  duly  appointed  and  qualified,  and  their 
terms  of  office,  when  not  otherwise  directed,  shall  commence 
on  the  third  Monday  in  April.  [JR.  O.  1888,  Chap.  49,  Sec.  7. 

SEC.  8.     Suspended  officer  to  be  investigated.— 

Whenever  any  officer  shall  be  suspended  by  the  mayor,  or 
shall  be  charged  with  willfull  violation  of  any  of  his  official 
obligations,  or  with  culpable  official  negligence  or  dereliction 
of  duty,  or  with  conduct  inconsistent  with  his  official  character 
and  duty,  or  official  incompetency,  the  common  council  shall 
appoint  a  committee  of  three  members  to  inquire  into  the  truth 
of  such  charge,  who,  if  they  deem  the  same  well  founded,  shall 
frame  and  report  to  the  common  council  charges  and  specifica- 
tions against  such  officer,  and  the  council  shall  appoint  a  day 
for  hearing  and  determining  the  same.  [R.  O.  1888,  Chap, 
49,  Sec.  8. 


CITY  OFFICERS  AND  EMPLOYES.  533 

SEC.  9.     Copy  of  charges  to  be  served  on  accused. 

— A  copy  of  such  charges  and  specifications,  with  a  notice  of 
the  day  set  for  hearing  the  game,  shall  be  served  on  the  accused 
at  least  five  days  before  the  day  of  hearing.  [R.  O.  1888, 
Chap.  49,  Sec.  9. 

SEC.  10.  Council  to  hear  evidence. — Upon  the  day 
so  set  the  common  council  shall  meet  in  session  to  hear  the 
evidence  against  and  for  the  accused,  adjourning  from  time  to 
time,  as  may  be  necessary,  until  the  evidence  shall  have  been 
given.  [R.  O.  1888,  Chap.  49,  Sec.  10. 

SEC.  11.  Decision — effect  thereof. — Within  three 
days  after  the  evidence  shall  have  been  taken,  the  common 
council  shall  vote  upon  each  charge  separately.  The  question 
shall  be  :  Is  the  accused  guilty  or  not  guilty  ?  If  two-thirds 
of  the  whole  number  elect  of  the  common  council  vote  guilty 
on  either  of  the  charges,  they  may  resolve  that  he  be  removed 
from  office  ;  and  if  they  so  resolve,  they  shall  notify  the  mayor 
thereof,  who  shall  thereupon  declare  the  office  of  said  accused 
to  be  vacant.  [R.  O.  1888,  Chap.  49,  Sec.  11. 

SEC.  12.     Proceedings  to  be  entered  on  journal. 

—The  proceedings  of  the  common  council  shall  be  entered  at 
large  on  their  journal.  [R.  O.  1888,  Chap.  49,  Sec.  12. 

SEC.  13.  Witnesses  may  be  subpoenaed. — Sub- 
poenas for  witnesses  to  testify  on  any  city  trial  had  as  aforesaid, 
shall  be  issued  by  the  president  of  the  common  council,  and 
shall  be  served  by  the  city  police.  [R.  O.  1888,  Chap.  49, 
Sec.  13. 

SEC.  14.     Defaulting  witness  may  be  punished.— 

Any  witness  who  shall  neglect  to  obey  said  subpoena,  or  appear- 
ing shall  refuse  to  testify,  may  be  punished  by  imprisonment 
or  fine,  or  both.  [R.  0.  1888,  Chap.  49,  Sec.  14. 

SEC.  15.  Depositions  maybe  read  at  trial. — Depo- 
sitions of  witnesses  beyond  the  jurisdiction  of  the  common 
council,  or  disabled  by  sickness  or  other  cause  from  attend- 


534:  GENERAL  ORDINANCES. 

ance,  may  be  read  on  the  trial,  if  taken  in  conformity  with  the 
laws  of  the  state.  The  notice  of  t  e  taking  thereof,  when  taken 
on  behalf  of  the  accused,  shall  be  served  on  the  city  counselor 
or  the  mayor.  [E.  O.  1888,  Chap.  49,  Sec.  15. 

SEC.  16.     Case  to  be  represented  by  counsel.—- 

Upon  any  trial  had,  as  aforesaid,  the  accused  shall  be  entitled 
to  be  heard  by  himself  and  counsel,  in  his  defense  ;  and  the 
city  counselor  shall  attend  the  trial  and  prosecute  on  behalf  of 
the  city,  unless  he  be  the  accused,  in  which  event  the  common 
council  shall  appoint  some  competent  person  to  prosecute. 
[E.  O.  1888,  Chap.  49,  Sec.  16. 

SEC.  17.  Fees  of  witnesses  to  be  paid. — Witnesses 
upon  such  trial  shall  be  entitled  to  the  same  fees  as  for  attend- 
ance on  the  police  court.  The  president  of  the  common  council 
shall  certify  the  amount  of  costs  and  the  names  of  the  persons 
to  whom  the  same  is  due,  to  the  city  auditor,  who  shall  draw 
his  warrant  on  the  treasurer  in  favor  of  each  person  for  the 
amount  due.  [JR.  0.  1888,  Chap.  49,  Sec.  17. 

SEC.  18.    Officers  may  appoint  deputies,  etc. — The 

clerk,  treasurer,  auditor,  assessor,  inspector  of  weights  and  meas- 
ures, city  weighmaster  and  marketmaster  may,  with  the  con- 
sent of  the  mayor  and  common  council,  appoint  one  or  more 
deputies;  which  appointment  shall  be  in  writing  and  filed  with 
the  clerk.  Any  such  deputy  shall  take  an  oath  similar  to  that 
required  of  the  principal,  and  is  hereby  authorized  and 
empowered  to  execute  and  perform  any  duty  or  function 
required  to  be  performed  by  the  principal,  in  like  time  and 
manner  as  the  principal,  and  the  principal  shall  be  liable  upon 
his  official  bond  for  any  misconduct  or  malfeasance  or  misfeas- 
ance of  such  deputy  in  office,  in  like  manner  as  if  he  were 
himself  guilty  of  such  act.  [R.  O.  1888,  Chap.  49,  Sec.  18. 

SEC.   19.     City   employe  must  be  a  citizen.  —  It 

shall  be  unlawful  for  any  officer  or  person  in  the  employ  of  the 
city  of  St.  Joseph,  to  hire  or  employ,  in  any  capacity  what- 


CITY  OFFICERS  AND  EMPLOYES.  535 

ever,  any  person  at  the  expense  of  the  city,  who  is  not  a  citi- 
zen of  the  United  States,  or  who  has  not  declared  his  intention 
to  become  a  citizen  of  the  United  States,  and  who  is  not  a 
resident  of  the  city  of  St.  Joseph.  Any  officer  or  other  per- 
son violating  any  provision  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pun- 
ished by  a  fine  not  exceeding  twenty-five  dollars  for  each 
offense.  [G.  0.  No.  347,  Sec.  1. 

SEC.   20.     Eight    hours    declared   a  legal    day's 

work. — Eight  hours  labor  shall  be  declared  a  legal  day's 
work  for  all  persons  employed  by  the  city  within  its  limits, 
police  and  members  of  the  fire  department  excepted.  [j?.  O. 
1888,  Chap.  36,  Sec.  1. 

SEC.  21.  Officer  shall  place  money  deposits  in 
city  depository,  etc. — It  is  hereby  made  the  duty  of  any 
officer  of  the  city  of  St.  Joseph,  with  whom  any  money  may  be 
deposited  by  any  person,  firm,  company  or  corporation,  or 
who  may  have  the  custody  or  control  of  any  money  so  paid  or 
deposited  under  any  law  or  ordinance  of  said  city,  to  at  once 
deposit  and  place  said  money  in  the  city  depository,  where  the 
city  money  is  deposited,  as  a  separate  account  or  accounts  at 
the  same  rate  of  interest  as  is  paid  on  the  city  deposits,  and 
such  officer  or  officers  shall,  unless  otherwise  provided  by  ordi- 
nance, report  all  interest  so  received  or  paid  on  such  deposits 
at  the  times  and  in  the  manner  as  is  required  on  the  regular 
city  accounts,  and  such  interest  shall  be  accounted  for  by  such 
officer  or  officers  and  shall  be  credited  to  the  general  city  fund. 
[G.  0.  No.  497,  Sec.  1. 

SEC.  22.  Same  ;  Penalty. — Any  officer  who  shall  fail 
or  refuse  to  comply  with  the  requirements  of  the  preceding 
section  shall  forfeit  his  right  to  hold  such  office,  and  shall  also 
forfeit  and  pay  to  the  city  of  St.  Joseph  for  each  day  he  shall 
so  fail  or  refuse  to  comply  with  the  terms  of  the  preceding 
section  one  hundred  dollars.  [G.  0.  No.  497,  Sec.  %, 


536  GENERAL  ORDINANCES. 

CHAPTER  LIIL, 

ORDINANCES. 

SECTION  SECTION 

1.  Ordinances  shall  be  recorded,  etc.  8.    To  be  numbered  and  classed. 

2.  Effect  of  repeal  or  modification.  9.    Deposit  required   for   publishing 

3.  When  the  same  act  violates  two  ordinance     granting   franchise, 

ordinances.  etc. 

4.  General  construction  provided  for.  10.    Deposit  disposed  of,  how. 

5.  Damages  may  be  recovered,  when.  11.    Copies  of  certain  ordinances  to  be 

6.  Veto,  effect  of ;  passing  over  veto.  filed  with  clerk. 

7.  Failure  to  return  ordinance,  effect 

of. 

SECTION  1.     Ordinances  shall   be   recorded,    etc. 

—All  ordinances  passed  by  the  common  council  shall  be  re. 
corded  by  the  city  clerk,  and  shall  take  eftect  from  and  after 
their  passage  unless  therein  otherwise  expressly  provided.  The 
originals  shall  be  filed  in  the  clerk's  office,  and  due  proof  of 
the  publication  of  all  ordinances  by  the  affidavit  of  the  printer 
or  publisher  shall  be  procured  by  the  clerk  and  attached  there- 
to, or  written  and  attested  upon  the  face  of  the  record  of  such 
ordinances.  [R.  0.  1888,  Chap.  51,  Sec.  1. 

SEC.  2.  Effect  of  repeal  or  modification. — When- 
ever an  ordinance  or  part  of  an  ordinance  shall  be  repealed  or 
modified  by  a  subsequent  ordinance,  the  ordinance  or  part  of 
ordinance  thus  repealed  or  modified  shall  continue  in  force 
until  the  due  publication  of  the  ordinance  repealing  or  modi- 
fying the  same,  unless  therein  otherwise  expressly  provided; 
but  no  suit,  proceeding,  right,  fine  or  penalty  instituted, 
created,  given,  secured  or  accrued  under  any  ordinance  previous 
to  its  repeal  shall  in  any  way  be  affected,  released  or  discharged, 
but  may  be  prosecuted,  enjoyed  and  recovered  as  fully  as  if 
such  ordinance  had  continued  in  force,  unless  it  shall  be  there- 
in expressly  provided  otherwise.  \_R.  0. 1888,  Chap.  51,  Sec.  2. 

SEC.  3.  When  the  same  act  violates  two  ordi- 
nances.— In  all  cases  where  the  same  offense  may  be  made 
punishable,  or  shall  be  created  by  different  clauses  or  sections 


ORDINANCES.  537 

of  the  ordinances  of  the  city,  the  prosecuting  officer  may  elect 
under  which  to  proceed;  but  not  more  than  one  recovery  shall 
be  had  against  the  same  person  for  the  same  offense.  [7?.  O. 
1888,  Chap.  51,  Sec.  3. 

SEC.    4.     General   construction   provided   for.— 

Whenever  any  words  in  any  ordinance,  importing  the  plural 
number,  shall  be  used  in  describing  or  referring  to  any  matters 
parties  or  persons,  any  single  matter,  party  or  person  shall  be 
deemed  to  be  included  although  distributive  words  may  not  be 
used  ;  and  when  any  subject  matter,  party  or  person  shall  be 
referred  to  in  any  ordinance  by  words  importing  the  singular 
number  only,  or  the  masculine  gender,  several  matters,  parties 
or  persons,  and  females  as  well  as  males,  and  bodies  corporate, 
shall  be  deemed  to  be  included  :  Provided,  that  these  rules 
of  construction  shall  not  be  applied  to  any  ordinance  which 
shall  contain  any  express  provision  excluding  such  construc- 
tion, or  where  the  subject  matter  or  context  of  such  ordinance 
may  be  repugnant  thereto.  [It.  0.  1888,  Chap.  51,  Sec.  4- 

SEC.    5.     Damages  may  be   recovered,   when.— 

Whenever,  in  any  ordinance,  the  doing  of  any  act,  or  the 
omission  to  do  any  act  or  duty,  is  declared  to  be  a  breach 
thereof,  and  damage,  loss,  expense  or  injury  to  the  city,  or  to  any 
person,  is  a  result  or  consequence  of  such  doing  or  omission? 
compensation  for  such  damage,  loss,  expense  or  injury  may  be 
recovered  from  the  offender  by  the  party  aggrieved.  [R.  0. 
1888,  Chap.  51,  Sec  5. 

SEC.    6.     Veto—-effect   of — passing  over   veto.— 

When  an  ordinance  that  has  passed  the  common  council  shall 
be  presented  to  the  mayor  for  his  approval,  and  shall  be  re- 
turned with  his  objection  thereto,  and  if,  upon  reconsideration, 
it  shall  pass  the  common  conncil  by  a  vote  of  two-thirds  of  all 
the  members  elected,  as  provided  and  required  by  the  law, 
such  ordinance  shall  be  authenticated  as  having  become  a  law, 
by  a  certificate  endorsed  thereon,  as  follows  ; 


538  GENERAL  ORDINANCES. 

This  ordinance  having  been  returned  by  the  mayor  with  his  objections 
thereto,  and,  after  reconsideration,  having  passed  the  common  council  by  a 
vote  of  two-thirds  of  all  the  members  elected,  as  provided  and  required  by 
law,  has  become  a  law  this day  of A.  D.  18.... 

Which,  after  being  signed  by  the  president  of  the  common 
council,  shall  be  a  sufficient  authentication  thereof ;  and  such 
ordinance,  after  being  signed,  as  aforesaid,  shall  be  trans- 
mitted to  the  clerk,  who  shall  record,  file  and  publish  the 
same.  [R.  0.  1888,  Chap.  51,  Sec.  6. 

SEC.   7.     Failure  to  return  ordinance  ;  effect  of.— 

Any  ordinance  which  shall  have  been  passed  by  the  common 
council,  and  delivered  to  the  mayor  for  his  approval,  and  shall 
not  be  returned  by  him  to  the  city  clerk  or  council  within  five 
days  after  such  delivery,  thereby  becoming  a  law,  shall  be 
authenticated  by  the  clerk's  certificate,  endorsed  thereon  as 
follows  : 

The  foregoing  ordinance  having  been  delivered  to  the  mayor  for  his 

approval,  on  the day  of 18 ,  and  not  having  been 

returned  by  him  to  the  common  council  or  clerk  within  five  days  thereafter, 
the  same  became  a  law  on  the day  of 18 

Which  ordinance,  thus  certified,  shall  be  filed,  recorded  and 
published,  as  in  other  cases.  [R.  0.  1888,  Chap.  51,  Sec.  7. 

SEC.  8.  To  be  numbered  and  classed. — All  gen- 
eral ordinances  hereafter  passed  shall  be  numbered  in  the 
order  of  their  passage,  and  shall  be  designated  as  general 

ordinance  number ;    and   all   special  ordinances   shall,  in 

like  manner,  be  numbered  and  designated.  [R.  O.  1888, 
Chap.  51,  Sec.  8. 

SEC.   9.     Deposit  required  for  publishing  certain 

ordinances. — The  beneficiaries  or  persons,  partnerships  or 
corporations  seeking,  asking  or  soliciting  the  passage  of  any 
ordinance  or  ordinances,  granting  any  rights,  privileges  or 
franchises,  shall  before  or  at  the  time  such  ordinance  is  intro- 
duced, deposit  with  the  city  clerk  a  sum  sufficient  to  pay  for 
the  publication  of  such  ordinance  or  ordinances,  and  the  city 
clerk  shall  thereupon  endorse  upon  such  ordinance  the  fact  of 


PARKS.  539 

such  deposit  and  the  amount  thereof,  and  no  such  ordinance 
shall  be  passed  until  such  deposit  is  so  made  and  certified. 
[G.  O.  No.  359,  Sec.  1. 

SEC.  10.  Deposit  disposed  of ,  how. — The  city  clerk 
shall  pay  all  sums  of  money  so  deposited  under  the  preceding 
section  into  the  city  treasury  to  the  credit  of  the  fund  for  city 
printing.  [G.  0.  No.  359,  Sec.  2. 

SEC.  11.  Copies  of  certain  ordinance  to  be  filed 
with  clerk. — All  applicants  to  the  common  council  for 
franchises  of  any  kind,  or  amendments  to  existing  franchises, 
shall  on  presentation  of  the  original  to  the  city  clerk  for  intro- 
duction before  the  council,  file  with  said  clerk  twenty-five 
printed  copies  thereof,  one  of  which  shall  be  delivered  to  each 
member  of  the  council,  one  each  to  the  mayor,  counselor, 
engineer  and  each  daily  newspaper  published  in  the  city.  Said 
ordinances  shall  be  printed  upon  paper  to  correspond  in  size 
with  the  filing  blanks  of  the  city  clerk,  the  type  used  to  be  of 
the  size  known  as  ulong  primer,"  set  in  columns  twenty-four 
picas  wide,  with  at  least  a  pica  space  between  each  line. 
[G.  0.  No.  477,  Sec.  1. 

CHAPTER  LIV. 

PARKS. 

ARTICLE  I. — PUBLIC  PARKS. 

II. — PARK  COMMISSIONERS. 

ARTICLE  1. 

PUBLIC  PARKS. 

SECTION  SECTION 

1.  Description  of  parks.  8.    Not   to    walk   on    grass   or  throw 

2.  Krug  park  ;  acceptance  of  deed  for.  litter. 

3.  Playing  in  prohibited.  9.    General   ordinances   shall    govern 

4.  Not  to  injure  grass.  parks. 

5.  Penalty.  10.    Dogs   running   at   large  in    parks 

6.  Police  to  arrest.  prohibited. 

7.  Injuring  property  in  public  parks.  11.    Owner  of  dog  shall  be  fined,  when. 

SECTION  1.  Description  of  parks. — The  public  parks 
>r  squares  of  the  city  of  St.  Joseph  hereinafter  described,  shall 


54:0  GENERAL  ORDINANCES. 

be  called  respectively  as  follows  :  Patee  park,  bounded  on 
the  north  by  Seneca  street ;  south,  by  Penn  street ;  east,  by 
Tenth  street,  and  west  by  Ninth  street.  South  St.  Joseph 
park,  bounded  on  the  north  by  Duncan  street,  on  the  north  by 
Doniphan  avenue,  on  the  east  by  Eleventh  street,  and  on  the 
west  by  Tenth  street.  Smith's  park,  bounded  on  the  north  by 
Jules  street,  on  the  east  by  Twelfth  street,  on  the  west  by 
Eleventh  street,  and  on  the  south  by  Francis  street.  North 
St.  Joseph  park,  bounded  on  the  north  by  Market  street,  on 
the  east  by  Washington  avenue,  on  the  south  by  Chestnut 
street,  and  on  the  west  by  Third  street.  [72.  0.  1888,  Chap. 
53,  Art.  1,  Sec.  1. 

SEC.   2.     Krug  park,  acceptance  of  deed  for.— 

The  deed  executed  by  Henry  Krug  and  Louise  Krug  and 
William  Krug,  on  the  twenty-sixth  day  of  February,  1890, 
conveying  to  the  city  of  St.  Joseph  the  pleasure  grounds,  or 
park,  known  and  called  uKrug  Park,"  be  and  the  same  is 
hereby  accepted,  subject  to  all  conditions  and  limitations  in 
said  deed  named.  [8.  0.  No.  858,  Sec.  1.  ' 

SEC.  3.  Playing  in,  prohibited. — No  person  shall 
play  at  ball,  quoits,  cricket,  or  any  other  game,  sport  or  play 
whatsoever,  in  any  of  said  public  parks  or  squares,  nor  throw 
stones,  wrestle,  nor  run  foot  races  in,  over  or  upon  the  same. 
[72  O.  1888,  Chap.  53,  Art.  1,  Sec.  3. 

SEC.  4.  Not  to  injure  grass. — No  person  shall  walk, 
stand  or  lie  down  upon  any  part  of  any  of  said  public  parks  or 
squares,  which  is  laid  out  and  appropriated  for  grass  and 
shrubbery.  [72.  O.  1888,  Chap.  53,  Art.  1,  Sec.  4. 

SEC.  5.  Penalty.— Any  person  violating  any  of  the  pro- 
visions of  this  chapter  shall  be  deemed  guilty  of  a  misdemean- 
or, and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not 
to  exceed  twenty  dollars  for  every  such  offense.  [72.  0.  1888, 
Chap.  53,  Art.  1,  Sec.  5- 


PARKS.  541 

SEC.  6.  Police  to  arrest. — The  chief  of  police  is 
hereby  required  to  arrest  or  cause  to  be  arrested  all  persons 
violating  any  of  the  provisions  of  this  chapter  and  report  them 
to  the  city  attorney,  who  is  required  and  directed  to  prosecute 
them  before  the  judge  of  the  police  court  and  recover  the  fine 
herein  imposed.  [B.  0.  1888,  Chap.  53,  Art.  1,  Sec.  6. 

SEC.  7.  Injuring  property  in  public  parks — pen- 
alty.— Any  person  who  shall  willfully  break,  mutilate,  deface, 
destroy,  or  in  any  manner  injure  the  fences,  fountains,  seats, 
lamps,  posts,  trees,  shrubbery  or  any  other  object  belonging  to  or 
placed  in  the  public  parks  of  this  city,  or  the  grounds  belong- 
ing to  said  parks,  for  use  or  ornament,  shall,  upon  conviction, 
be  deemed  guilty  of  a  misdemeanor,  and  fined  not  less  than 
five  dollars  nor  more  than  five  hundred  dollars.  [G.  0.  No. 
126,  Sec.  1. 

SEC.  8.     Not  to  walk  on  grass  or  throw  litter.— 

No  person  shall  be  allowed  to  walk  over  the  grass  or  to  throw 
stones,  gravel  or  litter  over  the  grounds,  or  to  remove  the 
benches.  Any  person  violating  any  provision  of  this  section 
shall,  upon  conviction,  be  deemed  guilty  of  a  misdemeanor  and 
fined  not  less  than  ten  dollars.  [B..  0.  1888,  Chap.  53,  Art. 
1,  Sec.  8. 

SEC.  9.  General  ordinances  to  govern  parks.— 
All  the  general  ordinances  now  in  force  in  the  city  of  St.  Jos- 
eph, shall  also,  as  far  as  the  same  may  be  applicable,  govern 
and  apply  to  all  parks  belonging  to  the  city,  whether  within  or 
without  the  limits  of  said  city.  \_G.  O.  No.  %77,  Sec.  1. 

SEC.  10.     Dogs  not  allowed  at  large  in  park.— 

Dogs  are  hereby  prohibited  from  running  at  large  in  any  pub- 
lic park.  Any  dog  found  in  a  public  park,  not  being  under 
the  immediate  control  of  its  owner,  and  not  being  restrained 
by  a  rope,  chain  or  other  thing  from  running  around  therein  is 
hereby  declared  a  nuisance,  and  such  nuisance  may  be  abated 
>y  killing  the  dog,  or  by  the  removal  of  the  dog  from  the 
irk  without  killing,  and  it  shall  be  the  duty  of  the  park 


542  GENERAL  ORDINANCES. 

keeper,  also,   of  policemen  to  abate  such   nuisance.      [G.   O. 

No.  430,  Sec.  1. 

SEC.  11.  Owner  of  dog  shall  be  fined.— The  owner 
or  any  other  person  in  charge  of  a  dog,  who  shall  suffer  or  per- 
mit such  dog  to  trespass  upon  the  grounds  in  said  park  or  to 
run  at  large  therein,  or  to  otherwise  violate  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  fined  not  less  than  one  dollar, 
nor  more  than  ten  dollars,  for  the  first  offense  and  for  any  sub- 
sequent offense  not  less  than  five  dollars,  nor  more  than  twenty 
dollars.  [G.  O.  No.  490,  Sec.  2. 

AETICLE  II. 

PARK  COMMISSIONERS. 

SECTION  SECTION 

1.    Park  commissioners,  appointment  2.    Authority  of  commissioners, 

of.  3.    No  compensation. 

SECTION  1.     Park  commissioners,  appointment  of. 

—The  mayor  of  the  city  of  St.  Joseph  is  hereby  authorized  to 
appoint,  by  and  with  the  consent  of  the  council,  three  persons 
who  shall  constitute  a  board  of  park  commissioners  ;  no  two 
of  said  commissioners  shall  reside  in  the  same  ward.  Of  the 
first  board  so  appointed,  one  shall  hold  office  for  the  term  of 
two  years,  and  one  for  the  term  of  three  years,  to  be  deter- 
mined between  the  persons  composing  the  first  board  by  lot,  so 
that  hereafter  in  each  year  but  one  commissioner  shall  be  ap- 
pointed and  his  term  shall  be  for  a  period  of  three  years.  Any 
vacancy  occuring  may  be  filled  by  appointment  as  above  pro- 
vided. [R.  O.  1888,  Chap.  53,  Art.  2,  Sec.  1. 

SEC.  2.  Authority  of  commissioners.— Said  board 
of  park  commissioners  shall  have  the  full  and  exclusive  control 
and  management  of  the  parks  of  the  city  of  St.  Joseph. 
They  shall  improve  and  beautify  the  same  with  such  funds  as 
may  be  provided  by  the  council  from  time  to  time,  or  from  any 
other  source.  [B.  0.  1888,  Chap.  53,  Art.  2,  Sec.  2. 


PASSENGER  DEPOTS,  543 

SEC.  3.  No  Compensation. — The  board  of  park  com- 
missioners shall  receive  no  compensation  for  their  services. 
\E.  O.  1888,  Chap.  53,  Art.  2,  Sec.  3. 

CHAPTER  LV. 

PASSENGER  DEPOTS. 

SECTION.  SECTION. 

1.  Passengers,  solicitation  of  at  depot.  .3.    Carriages   for   passengers,  regula- 

2.  Hotel  runners,  etc.  .shall  not  solicit  tions  governing. 

in  depot.  4.    Penalty. 

SECTION  1.     Passengers — solicitation  of  at  depots. 

—No  expressman,  hackman,  or  omnibus  driver  shall  go  upon 
the  platform  of,  or  into  any  railroad  passenger  depot  in  this 
city  for  the  purpose  of  soliciting  either  passengers  or  baggage; 
provided,  however,  they  may  stand  upon  the  platform  of  any 
railroad  passenger  depot,  if  they  remain  within  three  feet  from 
the  edge  thereof,  and  within  three  feet  of  their  respective 
vehicles.  Provided,  further,  that  this  section  shall  not  be  so 
construed  as  to  prohibit  any  person,  company  or  partnership 
engaged  in  omnibus,  carriage  or  baggage  transfer  business, 
from  keeping  and  maintaining  an  office  in  such  Union  Depot 
or  railroad  station,  by  and  with  the  consent  of  the  owners  of 
such  Union  Depot  or  railroad  station.  [G.  0.  No.  500,  Sec.  1. 

SEC.  2.     Hotel  runners,  etc.,  shall  not  solicit  in 

depot. — No  hotel  runner,  drummer  or  porter  shall  be  per- 
mitted or  allowed  to  go  upon  the  platform  of,  or  into  any  rail- 
road passenger  depot  in  this  city  for  the  purpose  of  soliciting 
any  passenger,  passengers  or  baggage.  \_G.  0.  No.  500, 
Sec.  2. 

SEC.  3.  Carriages  for  passengers — regulations 
governing. — No  owner,  driver  or  conductor  in  charge  of 
any  hack,  cab,  carriage,  omnibus,  buggy,  wagon  or  other 
vehicle,  public  or  private,  shall  stand  his  vehicle  on  the  east 
side  of  Sixth  street  west  of  the  Union  Depot,  immediately 
opposite  the  canopy  of  said  Union  Depot  extending  over  the 


544  GENERAL  ORDINANCES. 

sidewalk  in  said  street,  for  any  longer  time  than  is  necessary 
for  the  prompt  discharge  or  receipt  of  passengers  to  and  from 
such  vehicle.  And  no  owner,  driver  or  conductor  of  any  hack, 
cab  or  carriage  engaged  in  the  business  of  carrying  passengers 
and  persons  to  and  from  said  Union  Depot,  shall  stand  his 
vehicle  in  Sixth  street  opposite  said  Union  Depot  near  or 
adjoining  the  sidewalk  south  of  the  Union  Depot  canopy  over 
the  sidewalk,  while  waiting  for  passengers  or  soliciting  patron- 
age for  such  vehicle  ;  and  no  owner,  driver  or  conductor 
of  any  omnibus  or  baggage  wagon  shall  stand  his  vehicle 
in  Sixth  street  opposite  the  Union  Depot  near  or  adjoin- 
ing the  sidewalk  north  of  said  Union  Depot  canopy  while 
waiting  for  passengers  or  soliciting  patronage  for  such  vehicle. 
It  being  the  intention  of  this  ordinance  that  the  space  in 
Sixth  street  immediately  opposite  the  canopy  aforesaid,  shall 
be  kept  clear  and  unobstructed  so  far  as  possible  for  the 
prompt  ingress  and  egress  of  conveyances  having  passengers 
to  discharge  or  receive  at  said  Union  Depot,  and  the  west 
main  entrance  thereof  under  said  canopy  ;  and  that  the  space 
north  of  said  canopy  shall  be  for  the  sole  use  of  standing  car- 
riages, hacks,  cabs  and  other  vehicles  other  than  omnibuses 
and  baggage  wagons,  while  soliciting  patronage  or  waiting  for 
passengers,  and  the  space  south  of  said  canopy  shall  be  for  the 
sole  use  of  standing  omnibuses  and  baggage  wagons  while 
soliciting  patronage  or  waiting  for  passengers.  [G.  O.  No. 
500,  Sec.  3. 

SEC.  4.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof,  shall  be  fined  in  a  sum 
not  less  than  two  dollars  nor  more  than  twenty  dollars  for  each 
violation.  [#.  O.  No.  500,  Sec.  4. 


PAWNBROKERS.  545 

CHAPTER  LVI. 

PAWNBROKERS. 

SECTION  SECTION 

1.  Pawnbroker,  license  for.  6.    Dealing  with  minor,  etc. 

2.  Pawnbroker  defined.  7.    Fees  of  pawnbroker. 

3.  Application  for  license.  8.    Time    of     redemption,    failure    to 

4.  Pawnbroker  to  keep  books,  etc.  redeem. 

5.  Books  open  to  inspection.  9.    Penalty. 

SECTION  1.  Pawnbroker,  license  for. — No  person 
or  persons  shall  carry  on  or  conduct  the  business  or  calling  of 
a  pawnbroker  within  the  city  of  St.  Joseph  without  having 
first  obtained  a  license  so  to  do,  under  a  penalty  of  not  less 
than  twenty  dollars  nor  more  than  one  hundred  dollars  for 
each  ofiense,  and  the  charge  for  such  license  shall  be  one  hun- 
dred dollars  per  year.  [G.  0.  No.  441,  Sec.  68. 

SEC.  2.  Pawnbroker  defined. — Any  person  who 
loans  money  on  deposit  or  pledge  of  any  personal  property, 
bonds,  notes  or  other  securities,  whether  a  chattel  mortgage  is 
given  by  the  person  so  borrowing  to  the  person  so  lending,  in 
addition  to  such  deposit  or  pledge,  or  not,  or  who  deals-  in  the 
purchasing  of  personal  property  or  choses  in  action,  on  con- 
dition of  selling  the  same  back  at  a  stipulated  price,  is  hereby 
defined  and  declared  to  be  a  pawnbroker.  [G.  O.  No.  441> 
Sec.  69. 

SEC.  3.  Application  for  license. — Every  application 
for  such  license  shall  be  made  in  writing,  and  shall  state  where 
the  business  is  to  be  carried  on  and  be  endorsed  by  a  police 
commissioner  or  the  chief  of  police  to  the  effect  that  the  appli- 
cant is  a  person  of  good  moral  character.  [G.  0.  No.  441 ', 
Sec.  70. 

SEC.  4.  Pawnbroker  to  keep  books — daily  re- 
port.— Every  person  so  licensed  as  aforesaid,  shall  keep  at 
Is  place  of  business  a  substantial,  well  bound  book  in  which 
i  shall  enter,  in  writing,  a  minute  description  of  all  personal 
operty,  bonds,  notes  or  other  securities  received  on  deposit 


546  GENERAL  ORDINANCES. 

or  purchase,  as  aforesaid,  the  time  when  they  were  so  received 
and    particularly    mentioning    any    prominent    or    descriptive 
marks   that   may  be   on   such  property,  bonds,  notes  or  other 
securities,    together  with    the    name,   residence    and    detailed 
description  of  the  person  or  persons  by   whom  they  were  left, 
the  amount  of  purchase  money,  the  amount  loaned,  the  interest 
charged,  and  the  time  when  the  loan  falls  due;  which  said  book 
shall  be  kept  clean  and   legible,  and  no  entry  therein  shall  be 
defaced,  erased  or  obliterated,  and  all  the  entries  therein  shall 
be  make  with  ink.     He  shall  give  to  the   person   leaving  the 
property  in  pawn  a  plainly  written  or  printed  ticket  or  receipt 
showing  the  transaction.     The   chief  of  police  shall,  upon  the 
request  of   any   pawnbroker   furnish   the  blanks  necessary  for 
making  daily   reports,  and  it  shall  be  the  duty   of  every  such 
pawnbroker   to   make  out  and  deliver  to  the  chief  of  police 
every   day,  before   the   hour   of   12  M.,  a  legible   and  correct 
copy,  from  said  book,  of  all  personal  property  or  other  valua- 
ble things  received  or  deposited   or  purchased  during  the  pre- 
ceding day,  together  with  the  time  received  or  purchased,  and 
a  description  of  the  person  or  persons  by  whom,  left  in  pledge, 
or  from  whom   the  same  were  purchased:     Provided,  that  no 
person   shall  be   required  to  furnish    such   description   of  any 
property  purchased    from    manufacturers  or  wholesale   dealers 
having  an  established  place  of  business,  or  any  goods  purchased 
at  open  sale  from   any   bankrupt  stock  or  from  any  other  per- 
son doing  business   and  having  an  established   place  of  busi- 
ness in  the  city.     But  such  goods  must  be  accompanied  by  a 
bill  of  sale  or  other  evidence  of  open  and  legitimate  purchase, 
and  must  be  shown  to  the   mayor,  any   alderman  or  any  mem- 
ber of  the  police   department   when  demanded.      No  personal 
property  received  on  deposit  or  purchased  by  such  pawnbroker 
shall  be  sold  or  permitted  to  be   redeemed  from  the  place  of 
business  of   such   person  for  the   space   of  twenty-four  hours 
after  the  copy -and  statement  herein  required  to  be  delivered 
to  the  chief  of  police  shall  have  been   delivered.     The  time 
between  12  o'clock  on  Saturday  night  and  12  o'clock  on  Sunday 


547 

night  shall  not  be  considered  in  the  enforcement  of  this  ordi- 
nance, nor  shall  any  property  be  received  as  a  pledge  or  pur- 
chased by  any  pawnbroker  or  dealer  between  these  hours. 
Every  such  licensed  person  failing  to  comply  with  any  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction,  shall  be  fined  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars  for  each  offense. 
[G.  0.  No.  441,  Sec.  71.  Amended  G.  0.  No.  535. 

SEC.  5.  Books  open  to  inspection. — Every  person 
so  licensed  as  a  pawnbroker  shall,  during  the  ordinary  hours 
of  business,  when  requested  by  the  mayor  or  any  police  officer 
of  the  city,  submit  and  exhibit  such  book,  in  the  next  preced- 
ing section  provided  for,  to  the  inspection  of  such  mayor  or 
any  police  officer,  and  shall  also  exhibit  any  goods,  personal 
property,  bonds,  notes  or  other  securities  that  may  be  so  left  with 
the  licensed  person,  to  the  inspection  of  the  mayor  or  police 
officer ;  and  every  such  person  who  shall  refuse  to  submit  such 
books,  goods,  personal  property,  bonds,  notes  or  other  securi- 
ties, as  aforesaid,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  fined  not  less  than  fifty  dollars. 
[G.  O.  No.  441,  Sec.  72. 

SEC.   6.     Dealing    with    minor — not    to    receive 

pawns,  when. — No  person  licensed  as  aforesaid  shall  take 
or  receive  in  pawn  or  pledge,  for  money  loaned,  or  shall  take, 
receive  or  purchase,  within  the  line  of  business  of  such  pawn- 
broker, any  article,  property  or  thing  of  and  from  any  minor 
or  any  article,  property  or  thing  of  and  from  any  person,  the 
ownership  of  which  article,  property  or  thing  is  in  or  claimed 

t)y  any  minor,  the  said  pawnbroker  knowing  such  article, 
>roperty  or  thing  to  be  owned  or  claimed  by  such  minor,  nor 
:rorn  any  person  between  the  hours  of  eight  o'clock  p.  M.  and 
>even  o'clock  A.  M.  Any  person  violating  any  or  either  of  the 
>rovisions  of  this  section  shall,  on  conviction,  be  fined  in  a 
iurn  not  less  than  twenty  dollars  nor  more  than  one  hundred 
iollars.  [G.  0.  No.  441,  Sec.  73. 


548  GENERAL  ORDINANCES. 

SEC.  7.  Fees  of  pawnbroker. — It  shall  be  unlawful 
for  any  pawnbroker  to  charge  or  receive  more  than  two  per 
cent  per  month  for  any  loan  made  by  him.  \_G.  O.  No.  441? 

Sec.  74. 

SEC.  8.     Time  of  redemption — failure  to  redeem. 

— In  case  the  person  obtaining  the  loan  fails  to  pay  the  interest 
when  due,  the  pawnbroker  shall  not  sell  the  article  or  articles 
so  pawned  as  security  with  him  for  such  loan  till  after  the 
expiration  of  sixty  days  from  the  date  of  such  failure  ;  and 
the  person  so  failing  may  at  any  time  within  the  said  sixty 
days,  redeem  said  article  or  articles  :  Provided,  that  he  pay 
the  full  amount  of  principal  and  interest  due,  according  to  the 
terms  of  the  contract,  at  the  date  of  redeeming  ;  but  if  the 
person  obtaining  the  loan  fails  to  redeem  said  article  or 
articles  within  the  said  sixty  days,  as  above  provided,  he  shall 
thereby  forfeit  all  his  right,  title  and  interest  in  and  to  such 
articles  to  the  pawnbroker,  who  shall  thereby  acquire  and 
possess  an  absolute  right  in  them,  and  to  hold  and  dispose  of 
them  as  his  own  property  :  Provided,  further,  that  if  the 
borrower  shall  lose  his  pawn  ticket  he  shall  not  thereby  forfeit 
his  right  to  redeem,  but  may  make  affidavit  of  such  loss, 
describing  the  property  pawned,  which  affidavit  shall  take  the 
place  of  said  pawn  ticket.  [G.  O.  No.  441,  Sec.  75. 

SEC.  9.  Penalty. — Any  person  violating  any  of  the 
provisions  of  the  next  two  preceding  sections  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  pay  a 
fine  of  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars.  [G.  O.  No.  J&1,  Sec.  76. 


PEDDLERS. 


549 


CHAPTER  LVIL 


PEDDLERS. 


SECTION 

1.  Peddler  defined. 

2.  Licensed  required. 


SECTION 

3.  Amounts  charged  therefor. 

4.  Peddling  of  fresh  meats  prohibited, 

when. 


SECTION  1.  Peddler  defined. — Every  person  who  shall 
sell  or  offer  any  goods,  wares,  merchandise  or  other  things  or 
articles  of  value  for  sale,  barter  or  exchange,  at  any  place 
in,  upon,  along  or  through  the  streets,  avenues  or  alleys,  by 
going  from  place  to  place  to  sell  or  dispose  of  the  same,  shall 
be  deemed  a  peddler.  [G.  0.  No.  441*  Sec.  77. 

SEC.  2.  License  required.— It  shall  not  be  lawful  for 
any  peddler  to  exercise  his  calling  within  the  limits  of  the  city 
of  St.  Joseph,  without  a  license  therefor  from  said  city.  Any 
person  violating  this  section  shall,  upon  conviction,  be  fined 
not  more  than  ten  dollars  for  each  offense,  and  each  sale  or 
attempt  to  sell  shall  constitute  a  separate  offense.  [G.  0.  No. 
441,  Sec.  78. 

SEC.  3.  Amounts  charged  therefor. — The  charge 
for  a  peddler's  license  shall  be  as  follows  : 

First — Peddler  of  merchandise,  fifty  dollars  per  year,  or 
five  dollars  for  one  month,  or  twenty-five  dollars  for  six  months. 
The  word,  "merchandise,"  shall  be  construed  to  mean  any 
article  to  be  found  in  any  branch  of  the  mercantile  business, 
or  any  article  that  may  be  classed  as  goods,  wares  or  mer- 
chandise. 

Second — Peddlers  of  ice  cream,  lunches  or  popcorn,  ten 
dollars  per  annum,  payable  semi-annually. 

Third — -Peddler  of  fish,  fifty  dollars  per  year. 

Fourth — Peddler  of  lightning  rods,  one  hundred  dollars 
per  year. 

Fifth — Peddler  of  horseradish  or  hominy  or  both,  two 
and  one-half  dollars  per  year.  [G.  O.  No.  441,  Sec.  79. 


550  GENERAL  ORDINANCES. 

SEC.   4.     Peddling   of    fresh    meats    prohibited, 

when. — The  peddling  of  fresh  meats  is  hereby  prohibited 
except  in  the  months  of  November,  December,  January  and 
February  of  each  year,  and  the  charge  for  a  license  for  such 
period  of  four  months  shall  be  twenty-five  dollars.  No  license 
for  the  peddling  of  fresh  meats  shall  be  issued  for  a  less  sum 
than  twenty-five  dollars:  Provided,  that  this  section  shall  not 
prevent  the  sale  by  farmers  or  persons  living  in  the  country 
who  bring  and  sell  their  own  meat  slaughtered  by  themselves, 
and  sell  it  from  the  wagon  in  the  city.  \_G.  O.  No.  441,  Sec.  80. 

[  For  penalty  for  violating  Sec.  4  see  Sec.  20,  Chap, 
entitled  ' '  Licenses. "  ] 

CHAPTER  LVIII. 

PICTURES  OR  PHOTOGRAPHS,  ENLARGING  OF. 

SECTION  1.    Enlarging  pictures  or  photographs,  license  for. 

SECTION  1.  Enlarging  pictures  or  photographs- 
license. — No  person  shall  in  this  city  carry  on  or  engage  in 
the  occupation  of  enlarging  pictures  or  photographs,  or  solicit- 
ing orders  for  enlarging  pictures  or  photgraphs,  to  be  done  by 
himself  or  others,  without  a  license  therefor,  and  the  charge 
for  such  license  shall  be  fifteen  dollars  per  year.  [G.  O.  No. 
441,  Sec.  9. 

[  For  penalty  for  violating  this  Chap,  see  Sec.  20,  Chap, 
entitled  u  Licenses."] 


POLICE  COUKT. 


551 


CHAPTER  LIX. 
POLICE  COURT. 

ARTICLE  I.— POLICE  COURT. 

II. — SECRETARY  OF  POLICE  COURT. 
III. — CONTEMPT. 


ARTICLE  I. 


POLICE  COURT. 


SECTION 
1.    Statement  to    be  filed  with  police 

judge,  'form  of. 

2. .  Police   officers  to  inform  city   at- 
torney, etc. 

3.  Summons  or  warrant  to  be  issued. 

4.  Warrant  unnecessary,  whren. 

5.  Summary  hearing  of  cause. 

6.  Accused  may  give  bond  for  appear- 

ance. 

7.  Forfeiture  of  bond  adjudged. 

8.  Forfeiture  may  be  set  aside. 

9.  Prisoner  to  be  committed  to  police 

station  or  workhouse. 

10.  Judgment  by  default. 

11.  Judgment  by  default  may  be  set 

aside. 

12.  Defective      statement      may      be 

amended. 

13.  Dilatory  motions   to    be    disposed 

of,  when. 

14.  Adjournment  by  police  judge. 

15.  Judgment   against   informant    for 

costs. 


SECTION 

16.  Notices   to    be    served    on  city  at 

torney. 

17.  City  attorney  may  make  affidavits. 

18.  City  attorney  may  appeal. 

19.  Execution  to  be  issued ;  form  of. 

20.  In  default  of  property,  defendant  to 

be  committed. 

21.  Officers  must  attend  as  witnesses. 

22.  Depositions  may  be  read. 

23.  Fees  of  witnesses  and  interpreter. 

24.  Attachment  for  witnesses. 

25.  Witness  attached  may  give  bond. 

26.  In  default  of  bond,  to  be  committed. 

27.  Delinquent  witness  may  be  fined. 

28.  Witness  may  be  recognized. 

29.  Limitation  of  prosecutions,  etc. 

30.  Practice  before  justice  of  the  peace 

applicable. 

31.  Police  judge  may  appoint  attorney. 

32.  Chief  of  police  to  keep  record  of 

witnesses. 

33.  Fines,  etc.,  to  be  paid   into   city 

treasury. 


SECTION  1.  Statement  to  be  filed  with  police 
judge,  form  of. — All  fines  and  penalties  for  violation  of 
any  ordinance  of  the  city  of  St.  Joseph  shall  be  recoverable 
by  suit,  in  the  nature  of  an  action  of  debt,  before  the  judge  of 
the  police  court  ;  and  no  suit  shall  be  commenced  or  judgment 
rendered  in  any  case  until  a  statement  shall  be  filed  with  the 
judge  of  the  police  court,  signed  by  the  city  attorney  or  the 
person  acting  in  his  stead  ;  which  statement  shall  be  in  form 
substantially  as  follows  : 


552  GENERAL  ORDINANCES. 

The  City  of  St.  Joseph,  Plaintiff, 

versus 
Defendant. 

Before the  judge  of  the  police  court  of  the  city 

of  St  Joseph. 

Plaintiff  complains  of  defendant,  John  Smith,  and  for  cause  of  action 

alleges  that  said  defendant,  on  the day  of A.  D.  18 

did  violate  an  ordinance  of  said  city,  by  (here  insert  the  particulars)  to  the 

damage  of  plaintiff  in  the  sum  of dollars. 

A.  B.,  City  Attorney. 

Such  statement  may  be  founded  either  upon  the  personal 
knowledge  of  the  city  attorney,  the  official  report  made  to  him 
in  writing  by  some  officer  or  policeman  of  the  city,  the  affidavit 
of  some  qualified  person  charging  another  with  violation  of 
some  ordinance,  or  the  voluntary  appearance  of  a  person 
guilty  of  such  violation.  \_G.  0.  No.  533,  Sec.  1.  Amended 
G.  0.  No.  556. 

SEC.  2.     Police  officers  to  inform  city  attorney, 

etc. — It  shall  be  the  duty  of  each  and  every  police  officer  of 
the  city  of  St.  Joseph  to  inform  the  city  attorney,  as  soon  as 
practicable,  of  all  violations  of  the  ordinances  of  said  city. 
Whenever  any  such  violation  shall  come  to  his  knowledge, 
such  information  shall  be  filed  in  writing,  signed  by  the  officer 
making  the  same,  and  shall  be  accompanied  with  the  names 
of  witnesses  to  such  violation,  and  if  the  officer  making  the 
report  shall  have  good  reason  to  believe  that  the  person 
reported  has  no  fixed  place  of  residence,  or  is  a  non-resident, 
or  is  about  to  leave  the  limits  of  the  city,  such  report  or  infor- 
mation shall  be  made  upon  oath  or  affirmation  ;  thereupon  it 
shall  be  the  duty  of  the  city  attorney  whenever,  in  his  opinion, 
an  action  can  be  maintained,  against  the  person  or  persons  so 
complained  of,  to  institute  proceedings  before  the  judge  of  the 
police  court,  by  filing  such  report  as  provided  for  in  section 
one  of  this  ordinance.  \_G.  O.  No.  533,  Sec.  2. 

SEC.   3.     Summons  or  warrant   to   be   issued.— 

Upon  the  statement  being  filed  by  the  city  attorney,  or  the 
person  acting  in  his  stead,  the  judge  of  the  police  court  shall 


POLICE  COURT.  553 

issue  a  summons  returnable  forthwith  ;  and  in  all  cases  where 
such  statement  is  based  upon  or  accompanied  with,  a  com- 
plaint, or  information  on  oath,  the  judge  of  the  police  court 
shall  issue  a  warrant  for  the  apprehension  of  the  person  or 
persons  charged  with  the  commission  of  an  offense  against  the 
ordinance  of  the  city.  [G.  0.  No.  533,  Sec.  3.  Amended 
G.  O.  No.  556. 

SEC.  4.  Warrant  unnecessary,  when. — No  war- 
rant shall  be  issued  against  a  person  who  shall  have  been  law- 
fully arrested  and  brought  before  the  judge  of  the  police  court 
without  a  warrant,  but  in  every  such  case  a  trial  shall  be  had 
upon  the  statement  of  the  city  attorney,  or  the  person  acting 
in  his  stead,  based  upon  a  written  report  made  to  him  by  the 
officer  who  made  the  arrest,  or  the  chief  of  police  or  deputy 
chief  of  police  or  keeper  of  the  city  workhouse,  and  in  such 
cases  no  affidavit  shall  be  required.  \_G.  0.  No.  533^  Sec.  4- 
Amended  G.  O.  No.  556. 

SEC.  5.  Summary  hearing  of  cause. — In  all  trials 
for  violation  of  ordinances  of  the  city  the  cause  shall  be  heard 
and  determined  in  a  summary  manner  unless  for  good  cause 
shown  the  judge  of  the  police  court  shall  postpone  the  same. 

[G.  O.  .No.  533,  Sec.  5. 

SEC.  6.     Accused  may  give  bond  for  appearance. 

—A  person  arrested  for  a  violation  of  any  ordinance  may  be 
held  to  bail  by  executing  a  bond  to  the  city,  with  sufficient 
security,  to  be  approved  by  the  judge  of  the  police  court  or 
chief  of  police,  or  such  police  officer  as  may  be  designated  by 
said  chief  of  police,  in  double  the  amount  of  the  highest  pen- 
alty provided  by  ordinance  for  the  violation  alleged,  condi- 
tioned that  the  prisoner  will  appear  upon  the  day  named 
therein,  before  the  judge  of  the  police  court,  to  answer  for  the 
violation  of  which  said  prisoner  is  accused,  and  there  to  await 
trial  of  the  charge  pending  or  to  be  preferred  against  said 
prisoner.  [G.  0.  No.  533,  Sec.  6. 


554  GENERAL  ORDINANCES. 

SEC.  7.  Forfeiture  of  bond  adjudged. — Such  bond, 
when  approved,  shall  be  filed  with  the  secretary  of  the 
police  court,  and  if  the  principal  therein  shall  fail  to  appear, 
according  to  the  conditions  of  his  said  bond,  or  having  ap- 
peared, shall  depart  the  court  without  leave,  the  judge  of  the 
police  court  shall  adjudge  such  bond  to  be  forfeited,  and  ren- 
der judgment  against  the  principal  and  sureties  therein  for  the 
amount  of  the  penalty  in  said  bond  mentioned,  together  with 
costs,  and  shall  issue  execution  therefor.  [G.  0.  No.  533, 
Sec.  7. 

SEC.  8.  Forfeiture  may  be  set  aside. — If  the  princi- 
pal in  any  bond  which  shall  have  been  forfeited  and  judgment 
rendered  thereon,  as  provided  in  the  preceding  section,  Rhall 
personally  appear  before  the  judge  of  the  police  court  within 
five  days  after  the  rendition  of  such  judgment,  and  make  his 
application,  supported  by  affidavit,  showing  good  cause  there- 
for, the  judge  of  the  police  court  may,  on  the  payment  of  all 
accrued  costs,  set  such  judgment  aside.  [G.  O.  No.  533,  Sec.  8. 

SEC.  9.  Prisoner  to  be  committed  to  police  sta- 
tion or  workhouse. — Persons  in  custody  who  cannot  be 
tried  because  of  the  absence  of  witnesses?,  or  other  cause,  shall, 
in  default  of  bail  for  appearance,  be  committed  to  the  police 
station  or  the  workhouse  until  a  trial  be  had.  In  such  cases 
the  judge  of  the  police  court  shall  deliver  to  the  chief  of  police 
a  commitment,  stating  therein  the  cause  of  detention.  \_G.  O. 
No.  533,  Sec.  9.  Amended,  G.  0.  No.  556. 

SEC.  10.  Judgment  by  default. — When  a  defendant 
duly  summoned  fails  to  appear  at  the  time  the  suit  is  set  for 
trial,  the  judge  of  the  police  court  shall  hear  and  examine  the 
testimony  offered  on  the  part  of  the  city  and  shall  render  judg- 
ment by  default  for  such  amount,  under  the  ordinances,  as  he 
may  deem  justice  to  require,  together  with  all  the  costs  accrued 
therein.  [G.  O.  No.  533,  Sec.  10. 

SEC.  11.     Judgment  by  default  may  be  set  aside. 

— Judgment  by  default  rendered  under  the  preceding  section 


POLICE  COURT.  555 

may  be  set  aside  by  the  judge  of  the  police  court,  and  a  new 
trial  granted  within  ten  days  of  the  rendition  thereof  :  provided, 
the  defendant  shall  personally  appear  and  make  applica- 
tion, supported  by  affidavit,  showing  good  cause  therefor,  and 
pay  all  accrued  costs.  \_G.  O.  No.  533,  Sec.  11. 

SEC.  12.     Defective  statement  may  be  amended. 

—No  suit  shall  be  dismissed  on  account  of  any  defect  or  im- 
perfection in  the  statement  or  report,  but  such  statement  or  re- 
port may  be  amended  at  any  time  before  judgment  is  rendered. 

[G.  O.  No.  533,  Sec.  12. 

SEC.   13.     Dilatory   motions   to   be    disposed   of, 

when.-— All  motions  in  relation  to  matters  which  do  not  neces- 
sarily arise  during  the  progress  of  a  trial,  and  all  special  and 
dilatory  pleas  must  be  made  in  writing,  and  argued  when  the 
case  is  called  up  for  trial,  and  at  no  other  time.  \_G.  0.  No. 
533,  Sec.  13. 

SEC.  14.  Adjournment  by  police  judge. —  The 
judge  of  the  police  court  may.  for  good  cause  shown,  adjourn 
my  case  pending  before  him  to  another  specified  day,  and  if 
in  such  case  the  defendant  is  under  arrest,  he  may  be  dis- 
charged on  his  executing  a  bond  to  the  city  of  St.  Joseph,  with 
sufficient  security,  to  be  approved  by  the  judge  of  the  police 
>urt  in  double  the  amount  of  the  highest  penalty  for  the 
>ffense  with  which  he  is  charged,  conditioned  for  his  appear- 
ince  before  the  judge  of  the  police  court  on  the  day  fixed  for 
lis  trial  to  answer  the  charge  pending  against  him,  and  not 
lepart  the  court  without  leave,  which  bond  shall  be  filed  and 
lay  be  forfeited  in  the  manner  prescribed  in  section  seven 
>f  this  ordinance.  \_G.  O.  No.  533,  Sec.  H. 

SEC.   15.     Judgment  against  informant  for  costs. 

-When  upon  trial  of  any  person  charged  with  a  violation  of  any 
>rdinance  of  this  city,  the  judge  of  the  police  court  shall  be 
satisfied  from  the  evidence  that  the  information  upon  which 
mch  violation  is  based  was  made  vexatiously,  maliciously  and 
rithout  probable  cause,  he  shall  acquit  the  defendant  and 


556  GENERAL  ORDINANCES. 

render  judgment  against  the  informant  for  all  the  costs  of  the 
proceedings  had  therein  ;  and  such  judgment  shall  have  like 
effect  and  may  be  enforced  in  the  same  manner  as  if  judgment 
had  been  rendered  against  such  informant  for  violation  of  an 
ordinance.  \_G.  O.  No.  533,  Sec.  15. 

SEC.   16.     Notices  to  be  served  on  city  attorney.— 

All  process  and  notices  which  it  may  be  necessary  in  any  suit 
before  the  judge  of  the  police  court,  to  serve  on  the  city,  shall 
be  served  on  the  city  attorney,  or  the  person  acting  in  his 
stead.  [#.  O.  No.  533,  Sec.  16. 

SEC.   17.     City   attorney  may  make   affidavits.— 

When  any  affidavit  on  the  part  of  the  city  shall  be  required  in 
any  cause  which  has  originated  in  the  police  court,  it  shall  be 
made  by  the  city  attorney  or  by  some  officer  or  person  to  whom 
the  facts  are  known.  No  affidavit  shall  be  required  of  the  city 
attorney  in  support  of  an  application  for  a  continuance,  but  his 
official  statement  of  the  facts  relied  upon  shall  be  taken  as  true. 
[G.  0.  No.  533,  Sec.  17. 

SEC.  18.  City  attorney  may  appeal. —  The  city 
attorney  or  person  prosecuting  in  his  stead  may,  if  in  his  judg- 
ment, the  interest  of  the  city  require  it,  take  an  appeal  on 
behalf  of  the  city,  from  any  judgment  of  the  judge  of  the  police 
court.  [G.  O.  No.  533,  Sec.  18. 

SEC.  19.  Execution  to  be  issued,  form  of. — Upon 
the  rendition  of  a  judgment  against  a  defendant,  which  shall 
be  for  the  fine  assessed  and  all  costs  accrued  in  the  case,  the 
judge  of  the  police  court  shall  issue  an  execution  in  the  follow- 
ing form  as  near  as  may  be  : 

The  State  of  Missouri— To  the  Chief  of  Police  of  the  City  of  St.  Joseph, 

Greeting  : 

WHEKEAS,  the  city  of  St.  Joseph  hath  this  day  obtained  a  judgment 
before  undersigned  judge  of  the  police  court  of  the  city  of  St.  Joseph, 

against for  a  violation  of  an  ordinance  of  said  city  for  the  sum 

of dollars,  together  with  the  costs  on  this  behalf:  These  are, 

therefore,  to  command  you  to  levy  said  debt  and  costs  of  the  property  of 
said within  the  city  of  St.  Joseph  and  expose  the  same  to  sale 


POLICE  COURT.  557 

agreeably  to  law;  and  for  want  of  sufficient  property  whereon  to  levy  the 
said  debt  and  costs,  you  are  hereby  commanded  to  take  the  body  of  the  said 

into  your  custody  and  convey  him  to  the  workhouse  of  the  city 

of  St.  Joseph;  the  keeper  thereof  is  hereby  commanded  to  receive  him,  and 
him  safely  keep  until  the  said  debt  shall  have  been  paid  by  his  labor 
according  to  the  laws  of  the  state  of  Missouri,  and  the  ordinances  of  the  city 
of  St.  Joseph,  or  until  he  shall  otherwise  be  discharged  by  due  course  ol 
law;  and  you  are  also  commanded  to  make  return  of  this  execution  within 
thirty  days  from  the  date  thereof,  with  your  return  thereon,  ttating  how 
you  have  executed  the  same.  Given  under  my  hand,  at  the  police  court,  in 
the  city  of  St.  Joseph  this day  of A.  D  18.... 


Judge  of  the  police  court. 
[G.  0.  No.  533,  Sec.  19.     Amended  G.  O.  No.  556. 

SEC.  20.  In  default  of  property,  defendant  to 
be  committed. — If  sufficient  property  of  the  defendant  be 
not  found  to  satisfy  the  execution  and  costs,  the  chief  of  police 
shall  take  the  body  of  the  defendant  into  custody,  and  convey 
in  a  covered  conveyance,  said  defendant  without  delay,  to  the 
city  workhouse,  and  deliver  him  to  the  superintendent  or 
keeper  thereof,  taking  his  receipt  therefor  to  be  endorsed  upon 
said  execution.  [G.  O.  No.  533,  Sec.  20. 

SEC.  21.     Officers    must  attend   as   witnesses.— 

Officers  shall  attend  as  witnesses  against  persons  whom  they 
have  arrested  without  being  summoned,  nor  shall  the  judge  of 
the  police  court  issue  any  subpoena  for  them  ;  but  if  they  fail 
to  appear  at  the  time  of  trial  they  may  be  attached  and  pun- 
ished as  witnesses  summoned  for  contempt.  [6r.  O.  No  533, 
Sec.  21.  Amended  G.  O.  No.  556. 

SEC.  22.  Depositions  may  be  read. — Depositions 
taken  in  conformity  to  the  laws  of  this  state  may  be  read 
before  the  judge  of  the  police  court  on  any  trial  where  the 
witness  is  dead,  or  by  reason  of  sickness,  old  age  or  'bodily 
infirmity,  or  absence  from  the  city  without  collusion  of  the 
party  offering  the  deposition,  or  is  unable  to  or  cannot  safely 
attend  the  trial,  or  when  both  parties  agree  in  any  case  to  the 
reading  thereof.  [G.  0.  No.  533,  Sec.  23. 


558  GENERAL  ORDINANCES 

SEC.  23.     Fees   of  witnesses  and  interpreter.— 

Witnesses  duly  summoned  in  any  suit  before  the  judge  of  the 
police  court  and  attending  at  the  trial,  shall  be  entitled  to  fifty 
cents  for  each  day's  attendance;  but  such  fees  shall  be  taxed 
and  collected  only  when  demanded  or  claimed  by  the  witness 
at  the  time  of  the  trial  ;  and  no  witness  shall  be  allowed  more 
than  one  fee  for  any  one  day's  attendance,  nor  shall  any  wit- 
ness fee  be  taxed  in  any  case  in  favor  of  any  member  of  the 
police  force.  Any  person  sworn  as  an  interpreter  in  any  case 
shall  be  entitled  to  one  dollar  for  each  day's  attendance  in  such 
case.  [£.  0.  No.  533,  Sec.  23. 

SEC.  24.  Attachment  for  witnesses. — The  judge  of 
the  police  court  may  issue  attachment  to  compel  the  attend- 
ance of  witnesses  who  shall  have  been  duly  summoned,  which 
attachment  may  be  in  the  following  form: 

The  State  of  Missouri— To  the  Chief  of  Police  of  the  City  of  St.  Joseph, 

Greeting : 

having  been  duly  summoned  as  a  witness  in 

a  case  pending  before  the  judge  of  the  police  court,  and  failed  to  attend, 
you  arc  commanded  to  take  his  body  and  him,  safely  to  keep,  so  that  you 
have  him  before  the  said  judge  of  the  police  court  at  his  office  in  said  city 

on  the day  of A.  D.  18 ,  to  answer  for  such  contempt  and  give 

testimony  as  specified  in  said  summons. 

[G.  O.  No.  533,  Sec.  24. 

SEC.  25.     Witness   attached    may    give    bond.— 

When  such  attachment  shall  have  been  executed  by  the  arrest 
of  the  person  against  whom  the  same  shall  have  been  issued, 
the  chief  of  police  may  discharge  such  person  on  his  entering 
into  a  bond  to  the  city  of  St.  Joseph,  with  sufficient  security, 
to  be  approved  by  the  chief  of  police,  in  the  sum  of  one  hun- 
dred dollars,  conditioned  for  the  appearance  and  due  attend- 
ance of  such  person  to  answer  such  attachment  on  the  day 
therein  specified,  which  bond  shall  be  filed  with  the  judge  of 
the  police  court ;  and  upon  the  failure  of  such  person  to  attend 
in  accordance  with  the  conditions  of  such  bond,  the  same  may 
be  forfeited  in  the  same  manner  and  with  like  efiect  as  pro- 


POLICE  COURT.  559 

vided  in  section  seven  of  this  ordinance.  [G.  O.  No.  533, 
Sec.  25.  Amended  G.  O.  No.  556. 

SEC.   26.     In  default  of  bond,  to  be  committed,— 

When  a  person  against  whom  an  attachment  shall  have  been 
issued  shall  be  under  arrest,  and  shall  fail  to  give  bend  for  his 
appearance,  as  provided  in  the  preceding  section,  he  shall  be 
committed  to  the  police  station  or  city  workhouse  and  there 
safely  kept  until  the  time  fixed  for  answering  such  attachment ; 
and  such  attachment  shall  be  sufficient  warrant  and  authority 
to  the  chief  of  police  for  such  committal  and  detention. 
[G.  0.  No.  533,  Sec.  26. 

SEC.   27.     Delinquent  witness  may  be  fined. — On 

the  appearance  of  a  party  in  answer  to  an  attachment,  the 
judge  of  the  police  court,  unless  good  cause  be  shown  for  non- 
attendance  in  obedience  to  the  command  of  the  summons  with 
rhich  he  shall  have  been  served,  shall  assess  against  such  per- 
>n  a  fine  not  exceeding  fifty  dollars,  and  the  judgment 
indered  -thereon  shall  have  the  same  effect,  and  may  be 
enforced  in  the  same  manner  as  if  rendered  against  such  per- 
>n  for  a  violation  of  city  ordinances.  \_G.  O.  No.  533,  Sec.  27. 

SEC.  28.  Witness  may  be  recognized. — When  any 
luse  is  adjourned  by  the  judge  of  the  police  court,  the  wit- 
lesses  in  attendance  may  be  recognized  in  the  sum  of  fifty 
lollars  each,  in  the  manner  prescribed  by  the  criminal  law  of 
the  state.  Such  recognizance  shall  be  filed  by  the  secretary 
>f  the  police  court,  and  may  be  forfeited  in  the  manner  pre- 
scribed in  section  seven  of  this  ordinance.  \_G.  0.  No.  533, 
'lee.  28. 

SEC.  29.  Limitation  of  prosecutions. — No  prose- 
mtion  for  violation  of  any  city  ordinance  shall  be  commenced 
after  the  lapse  of  twelve  months  after  the  date  of  such  viola- 
tion: Provided,  that  if  any  person  charged  with  such  viola- 
tion shall  conceal  or  absent  himself  so  that  a  process  cannot  be 
served  upon  him,  or  shall  absent  himself  from  the  city  for  the 


560  GENERAL  ORDINANCES. 

purpose  of  avoiding  such  prosecution,  the  time  of  such  absence 
or  concealment  shall  not  be  computed.  [G.  O.  No.  533 ',  Sec.  29. 

SEC.  30.  Practice  before  justice  of  the  peace 
applicable. — The  judge  of  the  police  court  on  all  matters 
pertaining  to  practice  in  the  police  court  concerning  which 
there  are  no  specific  provisions  by  ordinance,  shall  be  governed 
by  the  laws  of  the  state  of  Missouri  regulating  proceedings  in 
justices'  courts  in  civil  cases,  and  the  duties  of  the  justices  of 
the  peace,  so  far  as  the  same  may  be  applicable.  [G.  O.  No. 
533,  Sec.  30. 

SEC.  31.     Police  judge  may  appoint  attorney.— 

In  the  absence  of  the  city  attorney  or  other  person  prosecuting 
in  his  stead,  when  any  case  is  about  to  be  tried,  the  judge  of 
the  police  court  may  appoint  some  competent  attorney  to 
prosecute  on  behalf  of  the  city,  who  shall,  during  the  time  he 
is  so  acting,  possess  all  the  powers  vested  in  the  city  attorney. 
[G.  O.  No.  533,  Sec.  31. 

SEC.  32.  Chief  of  police  to  keep  record  of  wit- 
nesses.— The  chief  of  police  shall  enter  in  a  suitable  book 
the  names  of  all  witnesses  on  whose  account  he  shall  have  re- 
ceived fees,  and  shall  pay  the  same  over  to  the  person  entitled 
thereto,  if  called  for  within  six  months,  otherwise  the  same 
shall  be  paid  by  him  into  the  city  treasury.  [G.  0.  No.  533, 
Sec.  32. 

SEC.  33.     Fines,  etc.,  to  be  paid  into  city  treasury. 

— The  proceeds  of  all  fines  and  forfeitures  accruing  to  the  city 
of  St.  Joseph,  for  violation  of  city  ordinances,  shall  be  paid 
into  the  city  treasury.  [  G.  O.  No.  533,  Sec.  33. 


SECRETARY  OF  POLICE  COURT.  561 

ARTICLE  II. 
SECRETARY  OF  POLICE  COURT. 

SECTION.  SECTION. 

1.  Office  created,  appointment,  etc.  3.    May  administer  oaths,  etc. 

2.  General  duties  of.  4.    Shall  examine  cost  bills. 

SECTION  1.     Office    created — appointment,    etc.— 

There  is  hereby  created  the  office  of  secretary  of  the  police 
court.  The  board  of  police  commissioners  are  hereby  author- 
ized to  appoint  the  secretary  of  the  board  of  police  commission- 
ers to  act  as  ex-officio  secretary  of  the  police  court  and  perform 
the  duties  of  such  office.  The  secretary  of  the  board  of  police 
commissioners  shall  receive  no  compensation  for  his  services 
as  ex-offitio  secretary  of  the  police  court.  \_G.  0.  No.  551, 
Sec.  1. 

SEC.  2.  General  duties  of. — It  shall  be  the  duty  of 
said  secretary  of  the  police  court  to  attend  at  each«  session  of 
the  police  court ;  to  have  the  care  and  custody  of  all  books, 
records  and  dockets  of  the  court  ;  to  keep  a  true  record  of  all 
proceedings  which  may  be  had  in  the  police  court ;  to  file  and 
preserve  all  papers  which  pertain  to  any  suit  or  other  proceed- 
ing had  therein,  and  whenever  an  appeal  is  taken  from  the 
judgment  rendered  in  said  court,  he  shall  at  once  prepare  a 
transcript  of  his  record  and  submit  the  same  to  the  judge  of 
said  court  for  his  signature,  and  when  the  same  is  duly  signed 
by  the  judge  of  the  police  court,  he  shall  file  such  transcript, 
together  with  all  the  original  papers  in  such  case,  with  the 
clerk  of  the  criminal  court  within  the  time  prescribed  by  law 
for  tiling  transcripts  by  justices  of  the  peace  in  civil  cases  ;  and 
shall  keep  a  record  provided  for  that  purpose,  in  which  he 
shall  enter  the  names  of  all  persons  tried  before  the  judge  of 
the  police  court,  the  date  of  trial,  the  number  of  the  case,  the 
violation  or  offense  charged,  and  the  judgment  rendered.  \_G. 
0.  No.  551,  Sec.  2. 

SEC.  3.  Power  to  administer  oaths,  etc. — The  sec- 
retary of  the  police  court  shall  have  power  to  administer  oaths. 

40 


£62  GENERAL  OKDINANCES. 

He  shall  so  far  as  is  consistent  with  the  duties  of  his  office, 
assist  the  city  attorney  in  receiving  complaints  and  making  out 
the  necessary  papers  therefor.  [G.  0.  No.  551,  Sec.  3. 
Amended  G.  O.  No.  559. 

SEC.  4.  Shall  examine  cost  bills. — Whenever  any 
person  shall  be  fined  by  the  judge  of  the  police  court  for  vio- 
lation of  any  ordinance  of  the  city  and  shall  not  pay  the  costs 
assessed  against  him,  it  shall  be  the  duty  of  the  secretary  of  the 
police  court  to  examine  the  items  of  costs  in  the  execution 
issued  by  him,  and  if  such  items  are  correct  to  certify  the  same 
as  being  correct ;  and  if  any  of  said  items  of  costs  are  not  cor- 
rect they  shall  be  corrected  as  near  as  may  be,  and  certified  as 
above  directed.  No  costs  shall  be  allowed  and  paid  in  any 
case  until  said  certificate  shall  have  been  endorsed  upon  the 
execution  as  herein  required.  [G.  O.  No.  551,  Sec.  4- 


ARTICLE  III. 
CONTEMPT. 

SECTION  SECTION 

1.  What  conduct  constitutes  contempt  3.    When   committed   in    view  of  the 

2.  How  punished.  judge  of  the  police  court. 

4.    Particulars  to  be  stated. 

SECTION  1.     What  conduct  constitutes  contempt. 

— The  judge  of  the  police  court  shall  have  power  to  punish 
persons  guilty  of  any  of  the  following  acts  : 

First.  Disorderly,  •  contemptuous  or  insolent  behavior 
committed  during  the  sitting  of  the  police  court,  in  immediate 
view  and  presence,  and  directly  tending  to  interrupt  its  pro- 
ceedings or  to  impair  the  respect  due  to  its  authority. 

Second.  The  contumacious  and  unlawful  refusal  of  any 
person  to  be  sworn  as  a  witness,  or  when  so  sworn,  the  like 
refusal  to  answer  any  legal  and  proper  interrogatory. 

Third.  Any  breach  of  the  peace,  noise  or  other  dis- 
obedience directly  tending  to  interrupt  the  proceedings  of  the 
court. 


CONTEMPT.  563 

Fourth.  Willful  disobedience  of  any  process  or  order 
lawfully  issued  or  made  by  the  judge  of  the  police  court. 

Fifth.  Resistance  willfully  offered  by  any  person  to  the 
lawful  order  or  process  of  the  judge  of  the  police  court. 

[G.  O.  No.  532,  Sec.  1. 

SEC.  2.  How  punished. — Punishment  for  contemptu- 
ous acts  mentioned  in  the  next  preceding  section  may  be  by 
tine  or  imprisonment  in  the  city  workhouse,  or  both,  in  the 
discretion  of  the  judge  of  the  police  court  ;  but  in  no  case  shall 
the  fine  be  less  than  three  dollars  nor  more  than  twenty-five 
dollars,  nor  shall  the  imprisonment  exceed  ten  days ;  and 
when  any  person  shall  be  committed  to  the  city  workhouse  for 
the  non-payment  of  the  fine  and  costs,  he  shall  not  be  commit- 
ted for  a  longer  period  than  thirty  days.  [G.  O.  No.  532, 
Sec.  2. 

SEC.  3.  When  committed  in  view  of  the  judge 
of  the  police  court. —  Any  contempt  committed  in  the 
immediate  view  and  presence  of  the  judge  of  the  police  court, 
shall  be  punished  summarily ;  in  other  cases  the  party  charged 
shall  be  arrested  upon  a  warrant  issued  out  of  the  police  court 
and  have  a  reasonable  time  to  make  his  defense.  \_G.  O.  No. 
532,  Sec.  3. 

SEC.  4.  Particulars  to  be  stated. — Whenever  any 
person  shall  be  committed  for  any  contemptuous  conduct,  the 
particular  circumstances  of  his  offense  shall  be  set  forth  in  the 
order  or  warrant  of  commitment.  \_G.  O.  No.  532,  Sec.  4. 


564:  GENERAL  ORDINANCES. 

CHAPTER  LX. 
PRINTING— CITY  PRINTING. 

SECTION  SECTION 

1.  Comptroller  to    advertise  for  pro-  4.    Job  printing   to  be  let  to  lowest 

posals.  bidder. 

2.  Contract   to   be  let  to  the  lowest  5.    Copies    of  papers  to  be  furnished 

bidder.  city  officers. 

3.  Contract  made,  bond  to  be  given. 

SECTION  1.  Comptroller  to  advertise  for  pro- 
posals.— The  city  comptroller  shall,  ten  days  before  the  first 
meeting  of  the  common  council  in  each  year,  advertise  for 
proposals  for  publishing  in  some  newspaper  published  in  the 
English  language  in  the  city  of  St.  Joseph,  a  correct  abstract 
of  the  proceedings  of  the  council,  the  substance  of  all  petitions, 
memorials,  remonstrances,  motions,  propositions,  bills,  resolu- 
tions and  orders,  so  as  to  show  their  nature  and  import,  and 
also  a  brief  and  accurate  statement  of  all  proceedings  of  the 
council  in  relation  thereto,  and  the  communications  of  the 
mayor  and  other  city  officers  when  the  council  shall  so  direct ; 
also  the  ordinances  and  all  advertisements  on  account  of  the 
city  for  one  year.  Such  advertisement  shall  be  inserted  in  the 
official  paper  of  the  city  and  continued  for  ten  days.  The  bids 
for  such  printing  shall  be  sealed  bids,  directed  to  the  city 
comptroller :  Provided,  that  the  same  matter  shall  not  be 
twice  published.  [It.  0.  1888,  Chap.  58,  Sec.  1.  Amended 
G.  O.  No.  456,  Sec.  1. 

SEC.  2.     Contract  to  be  let  to  the  lowest  bidder. 

— The  city  comptroller  shall  open  all  the  bids  received  by  him, 
in  the  presence  of  the  common  council  while  in  session,  and 
,  the  contract  for  doing  said  printing  shall  be  awarded  by  them 
to  the  lowest  and  best  bidder  ;  and  if  all  bids  are  rejected,  the 
comptroller  shall  again  advertise  for  proposals.  [7?.  O.  1888, 
Chap.  58,  Sec.  2. 

SEC.  3.  Contract  made,  bond  to  be  given.— After 
said  contract  has  been  awarded,  the  city  comptroller  shall 


CITY  PKINTING.  565 

enter  into  a  written  contract  with  the  person  or  company  to 
whom  the  same  has  been  awarded,  in  accordance  with  the 
terms  of  his  bid  for  doing  said  printing,  and  shall  also  cause 
said  party  to  execute  a  bond  to  the  city  in  the  sum  of  two 
thousand  dollars,  or  any  other  sum  fixed  by  the  mayor  and 
council,  with  sufficient  security,  for  the  faithful  performance 
of  the  terms  and  conditions  of  said  contract.  [72.  0.  1888, 
Chap.  58,  Sec.  3. 

SEC.  4.     Job  printing  to  be  let  to  lowest  bidder. 

—It  shall  be  the  duty  of  the  city  comptroller,  whenever  any 
job  printing  is  required  by  the  city,  or  any  of  the  city  depart- 
ments, such  as  blanks,  blank  books,  bill  or  letter  heads,  con- 
tracts, bonds  for  licenses,  receipts,  assessment  lists  or  job 
printing  of  any  kind,  to  furnish  a  copy  or  statement  of  the 
work  required  to  be  done,  to  each  job  printing  office  in  the 
city,  and  receive  bids  therefor,  open  the  same  and  award  the 
contract  to  the  lowest  and  best  bidder  for  such  work.  [72.  O. 
1888,  Chap.  58,  Sec.  5. 

SEC.  5.  Copies  of  papers  to  be  furnished  city 
officers. — In  all  contracts  for  citv  printing  it  shall  be  stipu- 
lated that  copies  of  the  paper  publishing  the  city  printing 
shall  be  regularly  left  at  the  office  of  the  mayor,  city  clerk, 
city  comptroller,  city  engineer,  city  treasurer,  city  auditor  and 
city  assessor,  as  ordinarily  distributed  to  regular  subscribers. 
[72.  0.  1888,  Chap.  58,  Sec.  6. 


566  GENERAL  ORDINANCES. 

CHAPTER  LXL 

RAILWAYS— STEAM  RAILWAYS. 

SECTION  SECTION 

1.  Speed  of  locomotives,  etc.,  limited.  9.    Penalty  for  violation  of  ordinance. 

2.  Detention  at  street  crossings.  10.    Watchman  to  be  stationed  at  cross- 

3.  Obstructions  of  streets  and  cross-  ing,  etc. 

ings.  11.  Drop  bars  to  be    placed   at  cross- 

4.  Headlights  for  locomotives  required  ings,  etc. 

5.  Depositing  lumber  in  street,  etc.  12.  Same ;  shall  be  provided,  when. 

6.  Ringing  bells  of  locomotives.  13.  Same;  penalty. 

7.  Erection  of  sign  boards.  14.  Steam  whistles  regulated  — sound- 

8.  Engineers  and  conductors  to  be  fur-  ing  of. 

nished  with  copies  of  ordinance. 

SECTION.  1.  Rate  of  speed. — No  locomotive  engine, 
railroad  passenger  car  or  freight  car  shall  be  driven,  propelled  or 
run  upon  or  along  any  railroad  track  within  said  city  at  a 
greater  speed  than  the  rate  of  five  miles  per  hour.  [12.  O. 
1888,  Chap.  60,  Sec:  1. 

SEC.  2.  Stopping  at  street  crossings. —  No  rail- 
road company,  railroad  engineer,  train  conductor  or  other 
person  shall  cause  or  allow  any  locomotive  engine,  car  or  cars, 
or  train  of  cars  to  stop  in  or  remain  upon  any  street  and  rail- 
road crossing  within  said  city,  for  a  longer  period  than  five 
minutes  at  any  one  time.  [JR.  0.  1888,  C/iap.  60,  Sec.  %. 

SEC.   3.     Obstruction   of    street   not   allowed. - 

Should  any  street  and  railroad  crossing  in  said  city  be  and 
remain  occupied  and  obstructed  in  whole  or  in  part,  by  any 
train  of  railroad  cars  for  and  during  the  period  of  five  minutes, 
it  shall  be  the  duty  of  each  and  every  railroad  company  upon 
whose  line  of  road  such  obstruction  may  occur,  their  agents  or 
employes,  on  or  before  the  expiration  of  said  five  minutes, 
when  from  any  cause  the  entire  train  cannot  be  propelled  or 
removed  to  any  one  side  of  any  street  occupied  and  obstructed 
as  aforesaid,  to  cause  such  cars  as  iray  be  on  or  near  said 
crossing  to  be  uncoupled,  and  some  one  division  of  the  train, 
as  thus  made,  removed  from  off  the  aforesaid  street  and  rail- 
road crossing,  in  such  manner  as  to  leave  said  street  entirely 


STEAM  RAILWAYS.  567 

free  and  unobstructed,  and  said  train,  when  again  coupled, 
shall  be  removed  forthwith  from  off  any  such  crossing  as  afore- 
said. [R.  0.  1888,  C/iap.  60,  Sec.  3. 

SEC.  4.  Light  on  car  or  engine. — Every  locomotive 
engine,  railroad  car  or  train  of  cars  running  in  the  night  time 
on  any  railroad  track  in  said  city,  shall  have  and  keep,  while 
so  running,  a  brilliant  and  conspicuous  light  on  the  forward 
end  of  such  locomotive  engine,  car  or  train  of  cars.  [JR.  O. 
1888,  Chap.  60,  Sec.  4. 

SEC.  5.  Lumber,  etc.,  not  to  be  deposited  in 
street. — No  company,  corporation  or  person  shall  be  allowed 
to  deposit  or  place  in  the  street,  any  lumber  or  other  material, 
nor  shall  they  load  any  car  from  the  street  with  any  material 
deposited  there,  nor  erect  or  maintain  any  switch  house  or 
other  building  upon  any  street,  highway  or  alley  within  the 
city  limits.  [R.  O.  1888,  Chap.  60,  Sec.  5. 

SEC.  6.  Bell  to  be  rung. — The  bell  of  each  locomo- 
tive engine  shall  be  rung  continually  while  running  within  said 
city.  [R.  O.  1888,  Chap.  60,  Sec.  6. 

SEC.  7.  Sign  board  at  entrance  of  city. — Each 
railroad  company  running  on  any  railroad  within  said  city, 
shall  erect  at  the  entrance  of  such  railroad  within  the  city,  a 
sign  board  having  thereon  the  words  ustop  speed,"  "ring  the 
bell,"  legibly  painted  thereon.  [R.  O.  1888,  Chap.  60,  Sec.  7. 

SEC.  8.  Copy  of  this  chapter  to  be  furnished 
engineer,  etc. — Each  superintendent  of  any  railroad  shall 
furnish  each  engineer  and  train  conductor  of  any  railroad  run- 
ning within  this  city,  a  certified  or  printed  copy  of  this  chap- 
ter ;  and  shall,  moreover,  furnish  to  any  officer  of  said  city 
applying  therefor,  the  name  of  any  person  in  the  employment 
of  said  railroad  company  who  shall  have  been  charged  with 
having  violated  any  of  the  provisions  of  this  chapter.  [R.  0. 
1888,  Chap.  60,  Sec.  8. 


568  GENERAL  ORDINANCES. 

SEC.  9.     Penalty  for  violating  this  ordinance. — 

Any  railroad  company  or  railroad  corporation  who  shall,  by 
themselves,  their  agents,  or  employes,  violate  or  fail  to  ob- 
serve any  of  the  foregoing  provisions  of  this  chapter,  or  any 
agent  or  employe  of  any  railroad  company,  or  railroad  corpor- 
ation, or  other  person  who  shall  violate  or  fail  to  observe  the 
same,  shall,  for  each  violation  or  failure  to  observe  the  same, 
be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars.  \_R.  0.  1888,  Chap.  60,  Sec.  9. 

SEC.  10.     Watchman  to  be  stationed  at  crossing. 

— Every  railroad  company,  corporation  or  person  owning  or 
using  any  railway  track  in  this  city,  upon  which  may  be  run 
locomotives  and  trains  of  cars,  and  which  may  cross  any  of  the 
public  streets  of  said  city,  shall,  at  every  such  street  crossing, 
whenever  required  so  to  do  by  the  street  commissioner  of  said 
city,  station  a  watchman  or  flagman,  who  shall  notify  and  warn 
all  persons  traveling  such  street,  of  the  approach  of  locomo- 
tives or  trains  of  cars  to  such  crossing,  and  to  guard  against 
collisions  between  persons  traveling  the  street  and  the  machin- 
ery operated  upon  said  railroad  tracks.  The  street  commis- 
sioner shall  require  such  watchman  or  flagman  to  be  so  sta- 
tioned, by  notice  in  writing  to  the  company,  corporation  or 
person  owning  or  using  such  tracks,  or  to  their  agents  or  ser- 
vants in  charge  thereof  ;  and  any  such  railroad  company,  cor- 
poration or  person,  or  the  agents  or  servants  of  the  same, 
failing,  upon  such  request,  to  comply  with  and  observe  the 
provisions  of  this  section,  shall  be  subject  to  the  fine  imposed 
by  section  nine  of  this  chapter.  [G.  O.  1880,  Chap.  60,  Sec. 
10.  Amended  G.  0.  No.  151.  Approved  April  °2S,  1882. 

SEC.  11.     Drop  bars  to  be  placed  at  crossing,  etc. 

— Whenever  the  common  council  shall  deem  it  necessary  to 
require  the  precaution  for  the  safety  of  travel  on  the  public 
streets  and  avenues  of  said  city  where  the  same  are  crossed  by 
any  railway  within  the  limits  of  the  city  of  St.  Joseph,  to  have 
and  maintain  gates  or  drop  bars  on  each  side  of  such  crossings, 


STEAM  RAILWAYS.  569 

with  a  gate  keeper  or  watchman  to  operate  such  gates  or  drop 
bars,  it  may  by  resolution  declare  that  it  is  necessary  to  have 
and  maintain  gates  or  drop  bars,  with  a  gate  keeper  or  watch- 
man to  operate  such  gates  or  drop  bars,  at  the  crossing  or 
crossings  designated  in  such  resolution,  and  therein  request  the 
railway  company  whose  duty  is  or  may  be  to  furnish  and  main- 
tain such  drop  bars  or  gates,  with  gate  keepers  or  watchman 
to  operate  such  drop  bars  or  gates:  Provided,  that  automatic 
drop  bars  or  gates  of  approved  design,  not  requiring  the  atten- 
tion of  a  watchman  or  gate  keeper  may  be  used,  at  the  option 
of  such  railway  company.  It  shall  be  the  duty  of  the  city  en- 
gineer to  at  once  notify  such  railway  company,  by  serving 
u.pon  the  officer  or  representative  of  such  company  a  copy  of 
such  resolution.  [G.  0.  No.  239,  Sec  1. 

SEC.  12.  Same ;  shall  be  provided  when — main- 
tained jointly,  when. — It  shall  be  the  duty  of  such  railway 
company  within  thirty  days  after  a  copy  of  such  resolution  is 
served  upon  it  or  its  officers  or  representatives  in  the  city  of 
St.  Joseph,  as  provided  in  the  preceding  section,  to  place  drop 
bars  or  gates  with  a  gate  keeper  or  watchman  at  the  crossing 
or  crossings  designated  -in  such  resolution,  and  maintain  them 
thereon  until  relieved  therefrom  by  order  of  the  common 
council  :  Provided,  that  in  all  cases  where  the  lines  of  several 
railroad  companies  shall  cross  a  street  at  the  same  place,  then 
said  companies  shall  be  allowed  to  build  and  maintain  one  or 
more  gates  at  their  joint  expense,  the  same  to  be  under  super- 
vision of  the  city  engineer.  [G.  O.  No.  $39,  Sec.  2. 

SEC.  13.  Same  ;  penalty. — If  any  railway  company 
shall  neglect,  or  refuse  to  furnish,  place  and  maintain  drop 
bars  or  gates,  with  gate  keeper  or  watchman  to  operate  the 
same,  at  such  railway  crossing  after  notice  and  request,  as 
hereinbefore  provided,  it  shall,  upon  conviction  in  the  proper 
court,  for  such  neglect  or  refusal  be  punished  by  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars 


570  GENERAL  ORDINANCES. 

for  each  and  every  day  of  such  neglect  or  refusal.      [G.   O. 
No.  239,  Sec.  3. 

SEC.  14.  Steam  whistles  —  sounding  of  regu- 
lated.— The  blowing  or  sounding  of  steam  whistles  on  rail- 
road locomotives  within  the  city  limits  except  in  cases  of 
immediate  danger  is  hereby  prohibited.  Any  violation  by 
any  railroad  company  of  this  ordinance,  shall  be  considered  a 
misdemeanor,  and  subject  to  a  tine  of  not  less  than  twenty 
dollars  nor  more  than  fifty  dollars.  [G.  0.  No.  262. 

CHAPTER    LXII. 
RAILWAYS-STREET  RAILWAYS. 

ARTICLE  I.— GENERAL  PROVISIONS  FOR  STREET  RAILWAYS. 

II. — RECONSTRUCTION  AND  PAVING  OF  STREET  RAILWAY  TRACKS. 
III. — PLANK  CROSSINGS  FOR  STREET  RAILWAY  TRACKS. 

ARTICLE  I. 
GENERAL  PROVISIONS  FOR  STREET  RAILWAYS. 

SECTION  SECTION 

1.  Operators  of  street  railway  subject  8.    Fenders  required  on  cars— penalty. 

to  this  ordinance.  9.    Regulation  of  speed. 

2.  Shall   keep   track    in  proper   con-  10.    Cars  to   be    provided  with  gongs, 

dition.  %    sounded  when. 

3.  Rules  and  regulations  for  running  11.    Cars  to  stop  at  railroad  crossing, 

cars.  gong  to  be  sounded. 

4.  Not  to  interfere  with  fire  depart-  12.    Car  to  be  numbered  and  licensed. 

ment.  13.     Penalty  for  failure  to  pay  license. 

5.  Use   of   steam   prohibited,  cannot  14.    To     remove     tracks    and    restore 

increase  fare.  streets  when  abandoned. 

6.  Cannot  build  tracks  without  per-  15.    Same;  penalty. 

mission.  16.    Notice  to  restore  street,  how  served. 

7.  Penalty  for  violation  of  preceding 

sections. 

SECTION  1.     Operators  of  street  railways  subject 

to  this  ordinance. — Every  person,  corporation,  company 
or  copartnership  owning  or  operating  any  street  railway,  or 
engaged  in  the  business  of  transporting  passengers  from  any 
one  point  to  any  other  point  within  this  city  for  hire,  on  street 
railways,  shall  be  subject  to  all  the  conditions,  stipulations 
and  requirements  of  this  ordinance.  [R.  0.  1888,  Chap.  61, 
Sec.  1, 


STREET  RAILWAYS.  571 

SEC.   2.     Shall  keep  track  in  proper  condition.— 

Every  horse  or  street  railroad  company  having  its  railway 
located  in  and  along  any  street  or  streets  within  the  city  of 
St.  Joseph,  shall  keep  the  track  of  its  road  in  such  condition 
that  such  track  shall  not  at  any  time  be  elevated  above  the 
surface  of  the  street  on  which  it  is  laid,  so  that  vehicles  can 
easily  and  freely,  at  all  times,  cross  said  track  at  all  points,  in 
any  direction,  without  obstruction,  and  shall  also  keep  in  good 
repair  such  portions  of  the  street  as  it  has  agreed  with  the  said 
city  so  to  do,  or  as  required  by  the  ordinances  of  the  city. 
And  if  any  company  shall  fail  or  neglect  to  comply  with  the 
provisions  of  this  section,  the  city  engineer  shall  cause  notice 
to  be  served  on  the  president  or  superintendent  of  such  com- 
pany, requiring  the  company  to  put  its  road  and  track  in  the 
condition  required  by  this  section,  within  five  days  after  the 
service  of  such  notice,  and  if  such  company  shall  fail  or 
neglect  to  comply  with  the  requirements  of  such  notice  within 
the  time  prescribed,  such  company  shall  forfeit  and  pay  to  the 
city  of  St.  Joseph  not  less  than  twenty  nor  more  than  one 
hundred  dollars  for  every  day  such  neglect  or  failure  shall 
continue  after  the  expiration  of  said  five  days'  notice,  which 
may  be  recovered  by  suit  before  any  court  having  jurisdiction 
of  the  amount  sued  for.  [R.  0.  1888,  Chap.  61,  Sec.  2. 

SEC.   3.     Rules  and  regulations  for  running  cars. 

—The  following  rules  and  regulations  concerning  the  running 
of  street  railways  shall  be  binding  upon  every  person,  corpora- 
tion, company  or  copartnership  operating  any  such  railway  in 
the  city  of  St.  Joseph  : 

First — No  car,  when  not  in  actual  use  for  passenger 
travel,  shall  be  kept  standing  in  any  street  or  other  public 
thoroughfare. 

7 hird.  While  any  car  is  turning  the  corner  from  one 
street  to  another  the  horses  or  mules  shall  not  be  driven  faster 
than  a  walk. 

Fourth.  Cars  driven  in  the  same  direction  shall  not 
approach  each  other  within  a  distance  of  three  hundred  feet, 


572  GENERAL  ORDINANCES. 

except  in  case  of  accident  or  when  it  may  be  necessary  to  con- 
nect two  cars  together,  or  at  stations  ;  and  upon  the  approach 
of  any  car  to  a  distance  of  fifty  feet  or  less  from  any  vehicle, 
the  conductor  or  driver  of  such  car  shall  notify  the  driver  or 
person  in  charge  of  said  vehicle  to  vacate  the  track,  and  if, 
after  a  sufficient  time  has  elapsed  to  enable  the  driver  or  per- 
son in  charge  of  said  vehicle  aforesaid  to  comply  with  such 
notification,  he  fails  to  do  so,  it  shall  be  the  duty  of  the  con- 
ductor of  said  car  to  forthwith  ascertain  the  cause  of  such 
detention,  and  if  the  delay  shall  be  the  result  of  any  accident 
to  said  vehicle  or  horses  attached  thereto,  the  conductor  or 
driver  aforesaid  shall  render  such  aid  as  may  be  necessary  for 
the  removal  of  the  cause  of  such  detention  ;  but  in  no  event 
shall  this  ordinance  or  any  part  thereof  be  so  construed  as  to 
sanction  or  allow  a  willful  or  wanton  collision  with  any  pri- 
vate vehicle  on  the  track  of  any  such  railway  lines  ;  and  any 
person,  corporation,  company  or  copartnership  so  offending 
shall  be  deemed  guilty  of  a  misdemeanor. 

Fifth.  No  car  shall  be  allowed  to  stop  on  a  crosswalk 
nor  in  front  of  any  intersecting  street,  except  to  avoid  collision 
or  to  prevent  danger  to  persons  in  the  street.  This  section 
shall  not  be  so  construed  as  to  prevent  any  car  from  stopping 
upon  any  switch  that  may  be  at  the  intersection  of  streets. 

Sixth.  When  any  car  shall  be  required  to  stop  at  the 
intersection  of  streets  to  receive  or  leave  passengers,  it  shall 
be  stopped  so  as  to  leave  the  rear  platform  partly  over  the 
crossing. 

Seventh.  The  conductor  or  driver  of  each  car  shall  keep  a 
vigilant  watch  for  all  vehicles  and  persons  on  foot,  especially 
children,  either  on  the  track  or  moving  towards  it,  and  on  the 
first  appearance  of  danger  to  such  persons  or  vehicles,  the  car 
shall  be  stopped  in  the  shortest  time  and  space  possible. 

Eighth.  Conductors  shall  not  allow  ladies  or  children  to 
leave  or  enter  the  cars  while  the  same  are  in  motion. 


STREET  RAILWAYS.  573 

Ninth.  Conductors  shall  announce  to  passengers  the 
names  of  streets,  or  the  place  where  the  cars  connect  with  or 
intersect  any  railway  track. 

Tenth.  The  cars  after  sunset  shall  be  provided  with  sig- 
nal lights. 

Eleventh.  The  cars  shall  be  entitled  to  the  track,  and 
any  vehicle  upon  the  track  shall  turn  out  when  any  car  comes 
up,  so  as  to  leave  the  track  unobstructed  ;  and  the  driver  of  any 
vehicle  refusing  to  do  so,  when  requested  by  the  driver  of  any 
car,  shall  be  deemed  guilty  of  a  misdemeanor  ;  provided,  that 
persons  moving  any  article  from  or  to  any  vehicle,  shall  be  al- 
lowed a  reasonable  and  sufficient  time  to  load  or  unload  the 
same.  [R.  O.  1888,  Chap.  61,  Sec.  3. 

SEC.  4.     Not  to  interfere  with  fire  department.— 

No  privilege  or  authority  hereby  granted  shall  be  so  construed 
as  in  any  manner  to  interfere  with  the  operations  of  the  fire 
department  of  the  city  ;  but  in  all  instances  in  case  of  fire,  the 
use  of  the  streets  where  railroad  tracks  are  laid  shall  be  sub- 
servient to  the  necessities  of  the  fire  department.  Vehicles 
driving  in  the  direction  of  the  cars  upon  any  street  railway 
shall  be  entitled  to  the  track  used  by  the  cars  running  in  that 
direction,  but  not  so  as  to  hinder  or  delay  any  car  running 
thereon.  \R.  O.  1888,  Chap.  61,  Sec.  4. 

SEC.  5.  Use  of  steam  prohibited — cannot  in- 
crease fare. — Nothing  contained  in  this  ordinance  shall  be 
construed  to  authorize  an  increase  of  fare  as  now  established, 
nor  to  allow  the  transportation  of  freight  over  street  railroads, 
nor  to  allow  the  use  of  the  ordinary  dummy  or  box  car  engine, 
or  of  locomotives  of  the  kind  now  used  upon  steam  railroads 
in  this  state.  [/?.  O.  1888,  Chap.  61,  Sec.  7. 

SEC.  6.     Cannot  build  tracks  without  permission. 

—Every  person,  company  or  copartnership  who  shall  change 
the  location  of  any  railway  track,  or  shall  build  or  attempt  to 
build  or  construct  any  street  railway  or  part  thereof,  in  any 


574  GENERAL  ORDINANCES. 

street  of  this  city  without  having  first  obtained  the  right  of  way 
or  permission  from  the  mayor  and  common  council  to  do  so, 
shall  be  guilty  of  a  misdemeanor.  [JR.  0. 1888,  Chap.  61,  Sec.  8. 

SEC.  7.     Penalty  for  violating  preceding  sections. 

—  Any  person,  corporation  or  copartnership,  or  the  president, 
superintendent  or  manager  thereof,  violating  or  failing  to 
comply  with  any  of  the  foregoing  provisions  of  this  ordinance, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof,  shall  be  fined,  if  no  otner  or  different  punishment 
be  prescribed  therefor,  not  less  than  five  dollars  nor  more  than 
five  hundred  dollars.  [R.  0.  1888,  Chap.  61,  Sec.  9. 

SEC.  8.     Fenders  required   on   cars  — penalty.— 

There  shall  be  placed  and  maintained  on  every  car  used  on 
any  street  railway,  including  trail  cars  or  cars  attached  to 
motor  or  power  cars,  in  this  city,  a  fender,  which  shall  be 
placed  not  more  than  five  inches  from  the  ground  or  surface  of 
the  track.  Such  fender  shall  extend  in  front  of  the  wheels  of 
the  car,  and  shall  be  so  constructed  as  to  afford  the  best  possi- 
ble protection  to  persons  with  whom  such  car  might  come  in 
contact.  Any  person  or  corporation  violating  this  section 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  fifty 
dollars.  [G.  O.  No.  447. 

SEC.  9.  Kates  of  speed. — It  shall  be  unlawful  for 
any  company  or  corporation,  or  employe  thereof,  to  run  any 
street  car  within  the  territory  bounded  by  Missouri  river, 
Francis,  Ninth  and  Messanie  streets  at  a  greater  rate  of  speed 
than  eight  miles  per  hour,  and  outside  of  said  limits  at  a  greater 
rate  of  speed  than  ten  miles  per  hour.  Any  company  or  cor- 
poration or  any  employe  thereof  violating  any  provision  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  in  a  sum  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  offense. 
[G.  0.  No.  44$,  Sec.  1. 

SEC.  10.  Cars  to  be  fitted  with  gong — to  be 
sounded,  when — penalty. — Every  person  or  corporation 


STREET  RAILWAYS.  575 

owning  or  operating  any  street  railway  in  this  city,  running 
cars,  propelled  by  electricity  or  other  power,  shall  cause  every 
car  or  vehicle  owned  or  operated  by  them  to  be  fitted  with  a 
gong.  It  shall  be  the  duty  of  such  person  or  corporation  to  cause 
the  gong  on  such  car  or  vehicle  to  be  struck  or  rung  in  quick 
succession  on  approaching  any  team,  carriage  or  person,  and 
upon  approaching  any  street  crossing  within  the  city.  Any 
driver,  motorman  or  other  person  having  charge  of  any  such 
car  or  vehicle,  and  failing  to  strike  such  gong  as  herein  pro- 
vided, shall  be  fined  for  each  such  offense  not  less  than  five 
more  than  fifty  dollars.  [G.  O.  No.  543,  Sec.  1. 

SEC.  11.  Car  to  stop  at  railroad  crossing — gong 
to  be  sounded — penalty. — It  shall  be  the  duty  of  any 
driver,  motorman  or  other  person  having  charge  of  any  street 
car,  in  this  city,  before  crossing  the  track  of  any  steam  rail- 
road with  such  car,  to  cause  the  same  to  come  to  a  standstill 
at  least  ten  feet  from  such  track,  and  to  strike  or  ring  the  gong 
of  said  car,  and  if  no  danger  is  imminent,  the  car  so  stopped 
may  proceed  to  cross  such  track.  Any  person  violating  the 
provisions  of  this  section  shall  be  fined  not  less  than  five  nor 
more  than  fifty  dollars  for  each  and  every  offense.  \_G.  O. 
No.  543,  Sec.  2. 

SEC.  12.     Each  car  to  be  numbered  and  licensed. 

—Every  person,  copartnership,  association,  corporation  or 
company,  operating  any  street  railway,  or  engaged  in  the 
business  of  transporting  passengers  from  one  point  to  another 
within  the  city  of  St.  Joseph,  for  hire,  on  any  street  railway, 
shall  pay  to  the  city,  in  advance,  an  annual  license  fee  of 
in  fifteen  dollars  for  each  and  every  car  generally  used  by  them 
transporting  passengers  for  hire,  within  the  city,  or  to  or  from 
any  place  within  the  city.  Each  car  shall  be  numbered  and 
have  its  number  painted  in  a  conspicuous  place  on  the  car,  and 
on  the  payment  of  the  license  required  herein  the  city  auditor 
shall  issue  for  each  and  every  car  so  licensed  a  metallic  plate 
inscribed  as  follows:  "Licensed,"  with  the  year  in  which 


576  GENERAL  ORDINANCES. 

such  license  was  issued,  which  plate  shall  be  placed  and  kept 
on  the  outside  of  said  car  in  a  conspicuous  place  so  that  it  may 
be  readily  seen  from  the  sidewalk,  and  the  said  license  shall 
be  framed  and  exposed  in  the  car  bearing  the  number  corres- 
ponding with  that  in  said  license:  Provided,  that  when  any 
car  shall  be  laid  off  for  repairs  another  car  may  be  substituted 
and  used  and  shall  have  the  same  number  during  such  time, 
and  on  extraordinary  occasions  additional  cars  may  be  used. 
[G.  0.  No.  441,  Sec.  81. 

SEC.   13      Penalty  for   failing  to   pay  license.— 

On  the  first  day  of  May,  of  each  year,  the  license  inspector 
shall  notify  all  persons  embraced  in  the  next  preceding  section, 
transporting  passengers  on  any  street  railway  in  the  city  of 
St.  Joseph,  or  the  superintendent  or  manager  of  such  railway, 
to  pay  the  license  herein  provided,  and  if  any  car  shall  be 
placed  upon  and  run  or  used  upon  any  such  railway  after  the 
said  first  day  of  May,  the  license  fee  shall  be  at  the  same  rate 
for  the  remainder  of  the  year,  and  in  case  any  of  them  refuse, 
fail  or  neglect  to  pay  said  license  within  ten  days  after  having 
received  said  notice,  they  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof,  sha.ll  be  fined  in  a  sum  of 
not  less  than  twenty  dollars  nor  more  than  one  hundred  dol- 
lars for  each  unlicensed  car  used  by  them  in  transporting 
passengers  within  the  city  of  St.  Joseph  for  hire.  [6r.  O.  No. 
441,  Sec.  82. 

SEC.  14.     Shall  remove  tracks  and  restore  street, 

when. — Whenever  any  street  railway  company  to  which  the 
right  has  been  granted  by  the  common  council  of  this  city  to 
construct  and  operate  its  track  over,  along  and  upon  any  street 
or  avenue  of  this  city  shall  have,  or  shall  hereafter,  abandon 
any  such  street  or  avenue,  or  any  part  thereof,  and  shall  have, 
or  shall  hereafter,  remove  its  tracks  from  any  such  street  or 
avenue,  or  any  part  thereof,  it  shall  be  the  duty  of  such  street 
railway  company  to  remove  all  cross-ties  and  stringers  thereto- 
fore placed  in  said  street,  avenue  or  part  thereof,  and  to 


RECONSTRUCTION  otf  STREET  RAILWAY  TRACKS. 

restore  such  street  or  avenue  or  part  thereof,  to  as  perfect  a 
condition  for  travel  as  though  such  ties  and  stringers  had  never 
been  laid  therein,  and  to  put  the  same  in  thorough  repair. 
[G.  0.  No.  362,  Sec.  1. 

SEC.  15.  Same — penalty. — Any  street  railway  com- 
pany which  shall  fail  to  remove  its  ties  and  stringers  and  to  so 
restore  and  put  in  perfect  condition  any  street  or  avenue,  or 
part  thereof,  from  which  it  has  removed  its  tracks,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  in  a  sum  not  exceeding  one  hundred  dollars  for  each  day 
that  it  shall  fail  so  to  do  from  and  after  the  tenth  day  follow- 
ing next  after  the  city  engineer  shall  have  notified  the  general 
manager,  superintendent,  or  other  officer  found  in  charge 
thereof,  of  said  street  railway  company  so  to  do.  [G.  0.  No. 
362,  Sec.  2. 

SEC.  16.  Notice  to  restore  street — how  served. 
—It  is  hereby  made  the  duty  of  the  city  engineer  to  notify  the 
general  manager  or  superintendent  or  any  local  managing 
agent  or  officer  of  any  street  railway  company  which  has  or 
shall  have  so  removed  its  track  to  remove  its  ties  and  stringers 
and  to  so  restore  and  put  in  such  perfect  condition  such  street 
or  avenue  or  part  thereof,  by  a  notice  in  writing  under  his 
hand  as  city  engineer  ;  and  he  shall  also  furnish  the  city 
attorney  with  a  copy  of  such  notice,  certifying  the  day  and 
manner  of  its  service.  [  G.  O.  No.  362,  /Sec.  3. 

ARTICLE  11. 

RECONSTRUCTION  AND  PAVING  OF  STREET  RAILWAY  TRACKS. 

SECTION.  SECTION. 

1.  Street  improvements,  removal  of  4.    Notices,   how  served— penalty    for 

tracks  for.  violating  ordinance. 

2.  Track  replaced,  when.  5.    Rights  of  city  not  relinquished. 

3.  Reconstruction  of  tracks. 

SECTION   1.     Street    improvements,    removal    of 

tracks  for. — When  any  street,  avenue  or  highway  in   this 
city,  any  portion  of  which  is,  or  may  be  occupied  by  the  track 


578  GENERAL  ORDINANCES. 

or  tracks  of  any  street  railway  company,  is,  by  ordinance 
ordered  to  be  macadamized  or  paved,  such  street  railway  com- 
pany shall,  upon  receiving  written  notice  from  the  city  engi- 
neer so  to  do,  within  forty-eight  hours  from  the  receipt  of  such 
notice,  remove  all  its  tracks,  stringers,  cross-ties  and  all  other 
parts  or  appurtenances  of  said  track  or  tracks  from  such  por- 
tion of  said  street,  avenue  or  highway  as  the  city  engineer  may 
direct  in  the  notice  aforesaid,  not  to  exceed  a  distance  of  five 
hundred  feet  at  one  time  ;  provided ,  however,  that  no  one  line 
of  street  railway  shall  be  required  to  move  its  track  or  tracks 
for  any  distance  at  more  than  one  place  at  any  one  given  time 
for  the  purpose  named  in  this  ordinance.  u  A  line  of  street 
railway  "  is  hereby  defined  as  a  system  of  tracks  serving  a  sep- 
arate portion  or  district  of  the  city  whether  originally  laid  and 
constructed  under  one  or  more  grants  or  franchises.  [6r.  O. 
No.  349,  Sec.  1. 

SEC.  2.  Shall  replace  track,  when. — Said  railway 
company  or  any  officer  or  employe  thereof  shall  not  replace 
said  track  or  tracks,  stringers  rails,  cross-ties  or  any  part  or 
appurtenances  of  said  track  or  tracks  or  any  portion  thereof 
until  the  road  bed  of  said  street,  avenue  or  highway  shall  have 
been  graded  to  the  proper  sub-grade  and  rolled  and  otherwise 
prepared  to  receive  the  macadam  or  paving  material.  When, 
upon  the  portion  of  said  street,  avenue  or  highway  from  which 
the  said  railway  track  or  tracks  and  all  parts  and  appurtenances 
thereof,  have  been  removed  by  said  railway  company  in 
pursuance  of  the  notice  herein  required  to  be  given,  the  sub- 
grade  has  been  properly  formed,  prepared  and  rolled,  the  city 
engineer  shall  notify  said  railway  company  to  replace  said  rail- 
way track  or  tracks  and  the  necessary  parts  and  all  appurten- 
ances thereof  for  the  entire  distance  from  which  they  have  been 
removed,  said  laying  and  reconstruction  to  be  completed  with- 
in forty-eight  hours  from  the  service  of  said  notice  and  in 
accordance  with  the  provisions  of  the  following  section  of  this 
ordinance.  [#.  O.  No.  31$,  Sec.  2. 


RECONSTRUCTION  OF  STREET  RAILWAY  TRACKS.        570 

SEC.   3.     Tracks,   how   reconstructed. — When   the 
tracks  of  any  street  railway  company  are  to  be  laid,  relaid  or 
reconstructed    on    any    street,    avenue  'or   highway    which    is 
paved  or  ordered  paved  with  granite  blocks,  wooden  blocks, 
bricks  or   other   material  which  is   usually  laid   in  accordance 
with  a  similar  or  like  system,  said  track  or  tracks  shall  be  so 
laid  as  to  conform  to  the  finished  grade  of  said  paving  and  so 
constructed  that  the  tops  of  the  cross-ties  shall  be    at  least 
eleven  inches  below   the  finished   surface   of  the  pavement : 
Provided,  however,  that  upon  streets  upon  which  it  is  ordered 
or  permitted  to  pave  between  the  rails  and  a  limited  distance 
outside  thereof  with  brick  on  edge  laid  in  sand  upon  a  broken 
stone  base,  the  tops  of  the  cross-ties  shall  be  not  less  than  nine 
inches  below  the  finished  surface  of  the  pavement ;  and  each 
of  said   cross-ties  shall  be  supported  upon  a  layer  of  stone 
broken  to  pass  through  an  inch  and  one-half  ring  ;  said  layer 
to  be  not  less  than  four  inches   thick   and  twelve  inches  wide 
and  carried  up  on  the  sides  of  the  cross-ties   to  the  sub-grade 
prepared  for  the  paving  and  thoroughly  rammed  under  and 
about  the   cross-ties  :     Provided,   however,    that    upon    streets 
along  and  across  which  the   tracks  of  any  street  railway  have 
already  been  laid  with  "T"   rails  and  which  streets  are  now 
macadamized  or   shall   be  ordered   macadamized,  said    tracks 
may  be  relaid  or  reconstructed  with  said  UT"  rail,  so  that  the 
tops  of  the  same  shall  conform  to  the  finished  surface  of  the 
street  and  the  cross-ties  supported  each  upon  a  layer  of  stone 
broken  to  pass  through  an  inch  and  one-half  ring,  said  layer 
to  be  not  less  than  four  inches  thick  and  twelve  inches  wide 
and  thoroughly  rammed    in    place.     All    cross-ties,  stringers, 
blocks    or  other  parts  or  appurtenances,   consisting  of   wood 
used  in  the  laying,  relaying,  repairing  or  reconstructing  any 
railway  track  or  tracks  or  parts  thereof,  shall  consist  of  sound 
white  or  burr   oak  timber  ;  said  cross-ties  shall  be  sawed  or 
hewed  upon  the  upper  and  lower  surfaces,  to  be  not  less  than 
five  inches  thick  and  six  inches  wide  at  said  upper  and  lower 
surfaces,   and   laid   not  more   than  thirty   inches  apart   from 


580  GENERAL  ORDINANCES. 

center  to  center  of  cross-tie.  All  brace  chairs  or  brace  blocks 
used  in  the  laying,  relaying,  reconstruction  or  repairing  of  any 
street  railway  shall  be  of  iron.  All  street  railway  tracks  laid 
or  relaid  with  UT"  rails  upon  any  paved  street  shall  have  the 
cavity  included  between  the  head  and  flange  of  the  rail,  and  on 
the  outside  of  each  rail,  filled  with  hydraulic  cement  mortar 
mixed  in  proportions  of  one  part  cement  and  one  part  of  sand, 
and  in  the  same  manner  the  like  cavity  on  the  inside  of  the 
rail  shall  be  filled  to  a  height  reached  by  the  flange  of  the 
street  car  wheel,  and  from  which  height  the  paving  between 
the  inside  of  the  rails  shall  rise  to  a  crown  in  the  middle  of 
each  track  corresponding  with  the  surface  of  the  tops  of  the 
rails.  The  stringers,  chairs  or  other  appliances  for  supporting 
the  rails  to  be  so  constructed  and  placed  as  not  to  interfere  with 
the  proper  laying  of  the  paving.  All  of  the  above  work  to  be 
done  under  the  directions  of  and  according  to  the  reasonable 
orders  and  instructions  and  completed  to  the  satisfaction  of 
the  city  engineer.  Any  street  railway  track  or  tracks,  parts 
or  appurtenances  thereof  laid,  relaid,  reconstructed  or  repaired 
in  violation  of  any  provisions  of  this  ordinance  and  in  conflict 
with  the  reasonable  orders  and  directions  of  the  city  engineer, 
shall  be  ordered  removed  from  any  street,  avenue  or  highway 
in  a  written  notice  from  the  city  engineer  to  the  company 
owning  or  operating  the  track  or  tracks,  parts  or  appurten- 
ances, which  have  been  laid,  relaid,  reconstructed  or  repaired 
in  violation  of  the  provisions  of  this  ordinance;  said  removal 
to  be  made  within  forty-eight  hours  from  the  service  of  said 
notice.  [G.  O.  No.  349,  Sec.  3. 

SEC.  4.  Notices,  how  served — penalty  for  violat- 
ing ordinance. — All  notices  mentioned  in  this  ordinance 
shall  "be  in  writing  and  delivered  in  person  to  the  president, 
vice-president,  secretary,  treasurer,  general  manager  or  super- 
intendent of  the  said  railway  company,  as  may  be  most  con- 
venient and  expeditious  and  said  service  upon  any  one  of  the 
above  mentioned  officers  or  persons  shall  be  deemed  a  suf- 
ficient notice  to  the  railway  company  and  any  of  the  above  men- 


PLANK  CROSSINGS  FOR  STREET  RAILWAY  TRACKS.         581 

tioned  officers  or  persons  neglecting,  refusing  or  failing  to  com- 
ply with  said  notices  or  any  officer  or  employe  of  said  railway 
company  violating  any  of  the  provisions  of  this  ordinance  shall 
be  deemed  guilty  of  a  misdemeanor  and  fined,  upon  conviction, 
in  a  sum  not  exceeding  one  hundred  dollars.  And  each  day 
said  officer  or  person  above  mentioned  shall  fail,  neglect  or  re- 
fuse to  comply  with  the  terms  of  any  notice  mentioned  in  this 
ordinance,  shall  be  deemed  a  separate  offense.  \_G.  O.  No. 
349,  .Sec.  4. 

SEC.  5.  Rights  of  city  not  relinquished. — Provid- 
ed that  nothing  contained  in  the  foregoing  sections  of  this 
ordinance  shall  be  construed  in  any  manner  or  form  as  relin- 
quishing or  in  anywise  impairing  the  right  of  the  city  of  St. 
Joseph  to  compel  any  street  railway  to  pave  and  keep  in  repair 
the  spaces  between  its  rails  and  eighteen  inches  on  the  out- 
sides  thereof.  \_G.  O.  No.  349,  Sec.  5. 

ARTICLE  III. 

PLANK  CROSSINGS  FOR  STREET  RAILWAY  TRACKS. 

SECTION  SECTION. 

1.    Shall   construct   plank    crossings,  2.    Same,  notice  how  served,  penalty, 

when. 

SECTION    1.      Shall     construct     plank     crossings, 

when. — It  is  hereby  made  the  duty  of  all  street  railway  com- 
panies within  the  city  of  St.  Joseph,  within  ten  days  after 
being  notified  so  to  do  by  the  city  engineer,  to  construct  at  the 
intersection  of  the  tracks  of  said  company  by  any  unpaved 
street,  avenue  or  alley,  a  plank  crossing  extending  across  and 
between  the  tracks  and  not  less  than  ten  inches  outside  the 
rails  thereof.  Said  crossing  to  be  made  of  white  or  burr  oak 
plank  not  less  than  three  inches  in  thickness  and  not  less  than 
sixteen  feet  long  ;  and  if  in  the  judgment  of  said  city  engineer 
the  amount  and  importance  of  the  travel  on  said  street,  alley 
or  avenue  justifies  the  same,  it  shall  be  the  further  duty  of  said 
street  railway  company  to  make  said  crossing  of  a  length  equal 


582  GENERAL  ORDINANCES. 

to  the  width  of  the  roadway  of  said  intersecting  street,  alley 
or  avenue  ;  and  the  city  engineer  shall  so  notify  said  company. 
Upon  tracks  which  are  laid  with  the  "T"  rails,  exceeding 
three  inches  in  height,  the  thickness  of  the  crossing  planks 
shall  in  all  cases  equal  the  height  of  the  rail  and  the  plank 
shall  be  shaped  to  fit  closely  to  the  web  and  flange  of  said  "T" 
rail  and  be  properly  beveled  away  from  the  head  of  the  rail  to 
allow  the  passage  of  the  flange  of  the  car  wheels.  [<7.  O.  No. 
336,  Sec.  1. 

SEC.  2.     Same;  notice,  how  served,  penalty. — The 

notice,  mentioned  in  section  one  of  this  ordinance,  shall  be  in 
writing  and  delivered  in  person  to  either  the  president,  vice- 
president,  secretary,  treasurer,  general  manager,  general  super- 
intendent, superintendent  or  assistant  superintendent,  as  may 
be  most  convenient  and  expeditious  and  such  delivery  of 
notice  in  writing  shall  be  held  as  sufficient  notice  to  said  com- 
pany ;  and  any  officer  or  person  as  herein  enumerated,  refusing 
or  neglecting  to  comply  with  the  terms  and  conditions  of  this 
ordinance,  after  being  notified  by  said  city  engineer  to  put  in 
a  crossing  or  crossings,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof,  shall  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars.  [G.  0.  No.  336,  /Sec.  2. 

CHAPTER  LXII1. 
REPORTS  AND  ACCOUNTS. 

SECTION.  SECTION. 

1.  Officers  to  pay  over  money.  5.    Disposition  of  canceled  indebted- 

2.  Judge  of  the  police  court,  report  of.  ness. 

3.  Superintendent  of  workhouse,  re-  6.    Failure  to  report,  a  misdemeanor. 

port  of.  7.    Street   lightning    department,   ac- 

4.  Other  officers  to  report,  when.  counts  of. 

8.    Same— inventory  of  supplies,  etc. 

SECTION  1.  Officers  to  pay  over  money. — All  city 
officers,  who  shall,  in  the  discharge  of  their  duties,  receive 
money  belonging  to  the  city,  shall,  on  the  first  business  day  of 
each  calendar  month,  pay  into  the  city  treasury  such  sums  as 
they  have  collected  during  the  preceding  month,  taking  tripli- 


REPORTS  AND  ACCOUNTS.  583 

cate  receipts  therefor,  one  of  which  shall  be  filed  with  the  city- 
auditor,  one  with  the  city  comptroller  and  the  third  retained. 
The  last  two  receipts,  before  they  shall  be  valid  for  any  pur- 
pose, shall  be  countersigned  by  the  auditor.  [G.  O.  No.  5*25, 
Sec.  1. 

SEC.  2.     Judge  of  the  police  court— report  of.— 

The  judge  of  the  police  court  shall,  on  the  first  day  of  each 
month,  make  a  report  to  the  city  comptroller  of  the  business 
of  his  office  during  the  month  preceding,  allowing  the  total 
amount  of  fines  imposed  by  him  during  the  month,  together 
with  such  other  facts  as  the  comptroller  may  require.  \_G.  O. 
No.  525,  Sec.  2. 

SEC.  3.     Superintendent   of   workhouse,  report 

of. — The  superintendent  of  the  workhouse  shall,  on  the  first 
day  of  each  month,  make  a  report  to  the  city  comptroller  of 
the  business  of  his  office  during  the  month  preceding,  giving 
the  number  of  prisoners  received  and  discharged  during  the 
month,  money  received,  together  with  such  other  facts  as  the 
comptroller  may  require.  [G.  0.  No.  525,  Sec.  3. 

SEC.  4.  Other  officers  to  report,  when. — All  other 
officers  of  the  city  shall  make  report  to  the  city  comptroller  of 
the  business  of  their  respective  offices  whenever  thereto 
required  by  him.  \_G.  0.  No.  525,  Sec.  4. 

SEC.  5.     Disposition  of  canceled  indebtedness. — 

All  canceled  indebtedness  and  vouchers  shall,  after  final  ex- 
amination by  the  finance  committee,  be  deposited  with  the 
city  comptroller  and  in  that  office  preserved.  [G.  O.  No. 

525,  Sec.  5. 

SEC.  6.     Failure  to  report,  a  misdemeanor.— Any 

officer  failing  or  refusing  to  make  report  as  required  by  ordi- 
nance, or  whenever  thereto  required  by  the  city  comptroller, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  such  failure  or 
refusal  shall  be  considered  good  cause  for  removal  from  office. 
[G.  0.  No.  525,  Sec.  Q. 


584  GENERAL  ORDINANCES. 

SEC.  7.     Accounts  of  street  lighting  department. 

—It  shall  be  the  duty  of  the  comptroller  to  cause  the  accounts 
of  the  street  lighting  department  to  be  classified  as  follows : 

First.  Operation  and  maintenance  expense  account, 
which  shall  include  all  expenditures  for  supplies,  fuel  and 
tools  to  repair  and  maintain  the  present  service. 

Second.  Improvement  and  extension  account,  which 
shall  include  all  expenditures  made  in  increasing  the  number 
of  lights.  [#.  0.  No.  548,  Sec.  1. 

SEC.  8.  Same ;  inventory  of  supplies— unpaid 
bills. — At  the  close  of  each  fiscal  year  the  superintendent  of 
the  electric  light  plant  shall  file  with  the  comptroller  an  item- 
ized inventory  of  supplies  on  hand.  He  shall  also  report  all 
supplies  contracted  for  and  all  bills  unpaid  at  that  date. 
[G.  O.  No.  5J^8,  Sec.  2. 

CHAPTER  LXIY. 

REVENUE— UNREDEEMED    PROPERTY. 

SECTION.  SECTION. 

1.    Compensation  for  collecting  delin-  2.    Certificates  of  publication  as  to  un- 

quent  taxes.  redeemed  real  estate. 

SECTION  1.  Compensation  for  collecting  delin- 
quent taxes. — The  compensation  for  collecting  delinquent 
taxes  by  the  city  collector  and  his  deputies  under  the  provisions 
of  section  one  thousand,  three  hundred  and  forty-two,  Revised 
Statutes,  1889,  shall  be  five  per  cent  of  all  such  taxes  actually  col- 
lected, which  amount  he  shall  collect  from  the  delinquent  tax 
payer,  together  with  the  whole  amount  of  delinquent  taxes, 
interest,  penalty  and  costs,  [fi.  0.  1888,  Chap  64,  Sec.  1 

SEC.  2.  Certificate  of  publication  as  to  unre- 
deemed real  estate. — The  certificate  of  publication  of 
the  advertisement  of  unredeemed  real  property  required  to 
be  made  by  section  one  thousand  three  hundred  and  seventy 
of  the  Revised  Statutes  1889,  of  the  State  of  Missouri,  may 
be  in  form  substantially  as  follows,  to  wit; 


RUNNERS.  585 

STATE  OF  MISSOURI, 


COUNTY  OF  BUCHANAN.  f  SSt 

,  manager  of  the a  newspaper  printed 

and  published  in  the  city  of  St.  Joseph,  Missouri,  being  duly  sworn,  upon 
his  oath,  says:  that  the  city  collector's  advertisement  of  unredeemed  real 
property,  of  which  the  annexed  is  a  true  and  correct  copy,  was  printed  and 
published  in  said  newspaper  once  a  week  for  three  successive  weeks  from 
the day  of until  the day  of ,  both  inclusive. 


Manager  of  the 

Subscribed  and  sworn  to  before  the  undersigned,  a 

within  and  for  the  county  and  state  aforesaid,  this day  of 

[R.  0.  1888,  Chap.  64,  Sec.  2. 

CHAPTER  LXY. 
RUNNERS. 

SECTION  SECTION 

1.  Runner,  license  for.  4.    Must  not  disturb  other  persons. 

2.  License  to  state  what ;  transferable.  5.    Bond  required. 

3.  Runner  shall  wear  badge. 

SECTION  1.  Runner,  license  for. — No  person  shall 
act  or  serve  as  a  runner  in  this  city  without  securing  a  license 
therefor  from  said  city,  and  the  charge  for  such  license  per 
year  shall  be  as  follows :  Runner  for  clothing;  dry  goods, 
furnishings  or  any  other  store,  fifty  dollars  ;  runner  for  rail- 
road, hotel,  restaurant  or  boarding  house,  twenty-five  dollars  ; 
runner  for  any  other  trade,  business  or  avocation  mentioned 
in  this  section,  twenty-five  dollars.  The  term  "runner,"  as 
used  herein,  shall  mean  any  person  who  shall  in  any  manner 
solicit  customers  for,  or  secure  or  attempt  to  secure,  the  stop- 
ping or  business  of  any  passengers  or  any  person  at  any  hotel, 
inn,  boarding  house,  restaurant,  railroad  ticket  broker  or 
other  public  place,  or  any  clothing,  dry  goods,  furnishing  or 
any  other  store  or  any  other  trade,  business  or  vocation  what- 
ever, on  any  sidewalk,  street,  avenue  or  alley  of  said  city,  or 
in  or  about  any  railroad  depot  or  other  public  place  ;  or  any 
person  who  shall  in  any  manner  solicit  passengers  for  any 
steamboat  or  railroad,  or  shall  in  any  way  solicit  passengers 
or  baggage  to  be  carried  or  conveyed  to  any  place  in  said  city, 


586  GENERAL  ORDINANCES. 

in  any  hack,  carriage,  omnibus,  wagon  or  other  vehicle  :  Pro- 
vided^ that  no  person  licensed  as  a  runner  for  any  restaurant 
or  store  of  any  kind,  shall  solicit  trade  or  customers,  at  any 
place  on  the  sidewalk,  either  immediately  in  front  of  or  within 
fifty  feet  on  each  side  of  any  store,  shop,  stand,  booth  or  other 
place  devoted  to  a  business  similar  in  kind  to  that  for  which 
he  is  a  runner,  and  which  is  owned  or  operated  by  any  person 
or  persons  other  than  his  employer.  \_G.  O+  No.  441?  Sec.  83. 

SEC.  2.     License  to  state  what—  transferable.— 

The  license  issued  to  runners  shall  specify  the  name  of  such 
hotel,  inn,  boarding  house,  ticket  broker's  office  or  other  public 
house,  or  other  trade,  business  or  vocation  whatever  for  which 
the  licensee  desires  to  act  as  runner,  and  shall  authorize  the 
licensee  to  run  for  the  house,  business  or  office  so  specified, 
and  no  other.  If  the  licensee  desires  to  quit  running  for  the 
house,  business  or  office  named  in  such  license,  and  to  run  for 
another,  it  shall  be  the  duty  of  the  city  auditor,  on  request  of 
the  licensee,  to  erase  the  name  of  the  house,  business  or  office 
mentioned  in  said  license,  and  insert  the  name  of  the  one  for 
which  such  licensee  desires  to  run.  \_G.  O.  No.  441,  Sec.  84. 

SEC.  3.  Runner  shall  wear  badge.  —  Every  person 
obtaining  a  runner's  license  shall  be  furnished  by  the  city 
auditor,  at  the  expense  of  the  city,  with  a  metal  badge,  with 
the  word  "runner"  thereon  ;  and  such  person  shall,  while 
engaged  in  the  business  for  which  his  license  was  granted, 
wear  such  badge  on  the  front  part  of  his  hat  or  cap  in  such  a 
manner  as  to  be  at  all  times  plainly  visible.  No  person  not 
licensed  as  a  runner  shall  wear  any  such  badge.  \_G.  O.  No. 

Sec.  85. 


SEC.  4.     Must  not  disturb  other  persons.  —  No  run- 

ner, while  engaged  in  his  business,  shall,  at  any  place  in  this 
city,  cry  out  in  a  loud,  unusual  or  boisterous  manner,  or  use  or 
utter  any  profane,  obscene  or  unseemly  language,  or  push, 
take  hold  of,  jostle  or  otherwise  annoy,  vex,  harass,  disturb  or 


SCALES  AND  WEIGHERS.  587 

interfere  with  passengers  or   any   other  persons.      \_G.   O.  No. 
441,  Sec.  86. 

SEC.  5.  Bond  required. — Every  person  applying  for 
a  license  to  engage  in  or  carry  on  the  business  of  a  runner 
shall  at  the  time  such  license  is  issued  to  him,  enter  into  bond 
to  the  city  of  St.  Joseph,  with  two  or  more  good  and  sufficient 
securities,  residents  of  the  city,  to  be  approved  by  the  comp- 
troller and  filed  with  the  auditor,  in  the  penal  sum  of  five  hun- 
dred dollars,  conditioned  that  said  applicant  will  strictly  and 
faithfully  observe  all  ordinances  and  regulations  of  the  city  in 
relation  to  runners  or  their  business,  and  will  pay  all  costs, 
fines  and  penalties  incurred  on  account  of  his  failure  or  neglect 
in  that  behalf.  [#,  O.  No.  441,  Sec.  87. 

[For  penalty  for  violating  this  Chap,  see  Sec.  20  of  Chap, 
entitled  uLicenses."] 

CHAPTER  LXVI. 

SCALES  AND  WEIGHERS. 

ARTICLE  I.    PUBLIC  SCALES. 

II.    CITY  WEIGHMASTER. 

ARTICLE  I. 

PUBLIC  SCALES. 

SECTION.  SECTION. 

1.  License  to  keep  public  scales.  4.    Fees  allowed  for  weighing. 

2.  Articles  for  sale  to  be  weighed.  5.    Not  to  designate  as  city  scales. 

3.  Weigher  to  give  ticket. 

SECTION  1.  License  to  keep  public  scales. — JS"o 
person  shall  keep  or  use  any  public  scale,  without  a  license 
therefor  from  said  city,  and  the  charge  for  such  license  shall 
be  ten  dollars  per  year.  All  platform  scales,  except  railroad 
track  scales  and  elevator  scales,  which  are  or  may  be  used  for 
weighing  stock,  hay,  lime,  stonecoal,  charcoal  or  any  kind  of 
coal,  grain,  or  any  other  article  or  thing,  for  any  person  other 
than  the  owner  of  such  scales,  shall  be  deemed  public  scales, 
[G.  0.  No.  441,  Sec.  88. 


588  GENERAL  ORDINANCES. 

SEC.  2.  '  Articles  for  sale  to  be  weighed. — All  hay 

coal,  stonecoal,  charcoal  lime,  grain  ( unless  measured  by  the 
bushel ) ,  and  live  stock,  which  are  offered  or  exposed  for  sale 
shall,  before  being  sold,  be  weighed  at  one  of  the  public  scales, 
and  any  person  who  shall  sell  any  of  said  articles  or  things, 
without  first  having  the  same  weighed  as  prescribed  in  this  sec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor.  [G.  0.  No. 
441,  Sec.  89. 

SEC.  3.  Weigher  to  give  ticket. — Whenever  the 
owner,  keeper,  manager  or  person  in  charge  of  such  scales 
shall  weigh  any  such  article  of  thing  for  another,  he  shall  give 
to  such  person  a  certificate,  legibly  written  in  ink,  without 
erasure  or  interlineation,  which  certificate  shall  state  the  num- 
ber of  packages  of  each  draught,  the  weight  of  each  draught, 
separately,  and  the  description  of  any  animal  weighed  thereon, 
if  any,  and  shall  sign  his  name  thereto  as  weighmaster  ;  and 
such  certificate  shall  not  be  considered  as  proof  of  pounds  in 
any  draught  for  a  longer  period  than  one  day  from  and  after 
the  date  thereof.  Any  weighmaster,  owner,  keeper,  manager 
or  person  in  charge  of  such  public  scales,  who  shall  give  or 
cause  to  be  given  a  false  or  incorrect  certificate  of  weight,  or 
who  shall  violate,  fail,  neglect  or  refuse  to  comply  with  any 
provision,  regulation,  or  requirement  of  this  section,  or  any 
person,  who  shall  erase  any  portion  of  any  such  certificate  or 
in  any  way  change  the  same,  shall  be  deemed  guilty  of  a  mis- 
demeanor. [G.  O.  No.  441,  Sec.  90. 

SEC.  4.  Fees  for  weighing. — Any  owner,  keeper  or 
manager  of  any  public  scales  shall  be  entitled  to  and  may 
recover  and  collect  the  following  fees,  to  wit :  For  each  draught 
of  hay,  grain,  corn,  lirne,  coal,  stonecoal  or  charcoal,  twenty 
cents  ;  for  each  head  of  hogs  or  sheep,  three  cents  ;  and  for 
each  head  of  cattle  ten  cents.  [G.  0.  No.  441,  Sec.  91. 

SEC.  5.     Not  to  designate  as  city  scales. — No  per 

son  other  than  a  regularly  appointed  city  weigher  shall  erect, 
display  or  maintain  on  or  about  any  public  scale  under  his  con- 


CITY  WEIGHMASTER. 

trol,  any  sign  designating  such  scale  as  a  city  scale.  Any  per- 
don  violating  the  provisions  of  this  section  shall  be  fined  in  a 
sum  not  to  exceed  twenty-five  dollars.  [6r.  0.  No.  441,  Sec.  92. 

[For  penalty  for  violating  this  Article  see  Sec.  20,  Chap, 
entitled  u Licenses."] 

ARTICLE  II. 

CITY  WEIGHMASTER. 

SECTION.  SECTION.  . 

1.  Appointment  of  city  weighmaster.  7.    Shall   keep   a    record   and    report 

2.  Duty  of  weighmaster.  monthly. 

3.  Manner  of  weighing  loads,  etc.  8.    Private    persons    prohibited    from 

4.  Diminishing  weights ;  penalty  for.  weighing. 

5.  Fees  for  weighing.  9.    Public    scales     and    weighmaster 

6.  Weighmaster  to  pay  over  receipts  shall  charge,  what  fees. 

monthly.  10.    Penalty. 

SECTION  1.     Appointment  of  city  weighmaster.— 

At  the  first  stated  session  of  the  common  council  in  each  year, 
it  shall  be  the  duty  of  the  mayor  to  appoint,  by  and  with  the 
consent  of  the  common  council,  some  competent  person  as  city 
weighmaster,  who  shall  hold  his  office  for  a  term  of  one  year 
and  until  his  successor  is  duly  appointed  and  qualified,  and  who 
shall  receive  such  compensation  for  his  services  as  may  by 
ordinance  be  prescribed,  and  who  shall,  before  entering  upon 
the  duties  of  his  office,  execute  a  bond  to  the  city  of  St. 
Joseph,  in  the  penal  sum  of  one  thousand  dollars,  conditioned 
for  the  faithful  discharge  of  his  duties.  [  G.  0.  No.  519,  Sec.  1. 

SEC.  2.  Duty  of  weighmaster. — It  shall  be  the  duty 
of  the  city  weighmaster  to  attend  at  the  city  scales,  and  to  test 
the  accuracy  of  said  scales  at  least  once  in  every  three  months, 
and  to  weigh  all  articles  which  may  be  required  to  be  weighed, 
and  to  give  the  person  requiring  the  same  a  certificate  of  the 
net  weight  thereof,  after  deducting  in  cases  of  wet  and  mud. 
[G.  0.  No.  519,  Sec.  2. 

SEC.  3.     Manner  of  weighing  loads,  etc. — When 

any  vehicle  and  load  shall  be  weighed  together,  the  city  weigh- 
master's  certificate  shall  state  the  gross  weight  thereof,  and 


590  GENERAL  ORDINANCES. 

upon  the  sale  or  delivery  of  said  load,  the  vehicle  shall  again 
be  weighed,  without  charge,  by  the  city  weighmaster,  and  thus 
the  net  weight  of  the  load  ascertained  ;  and  in  no  case  shall 
the  city  weighmaster  state  in  his  said  certificate  the  weight  of 
any  vehicle  which  may  have  been  weighed  with  any  load,  until 
said  city  weighmaster  shall  have  ascertained  the  weight  of  such 
vehicle  by  actually  weighing  the  same  ;  and  on  the  request  of 
the  purchaser  of  any  articles  which  may  have  been  weighed  by 
the  city  weighmaster,  and  a  certificate  therefor  given,  the 
same  shall  be  reweighed,  and  the  expense  of  reweighing  shall 
be  paid  by  the  purchaser,  if  the  weight  be  found  correct  ;  but 
if  found  incorrect,  the  expense  of  reweighing  shall  be  paid  by 
the  seller.  [#.  O.  No.  519,  Sec.  3. 

SEC.  4.     Diminishing  weights  —  penalty.  —  Any 

person  who  shall  have  had  any  article  weighed,  as  aforesaid, 
and  received  a  certificate  therefor,  who  shall,  before  selling  the 
same,  diminish  the  weight,  or  shall  sell  a  part  thereof  and 
afterwards  sell  or  offer  for  sale  the  remainder  as  for  the  quan- 
tity stated  in  said  certificate,  or  who  shall  change,  alter  or  in 
any  manner  falsify  the  certificate  of  the  city  weighmaster,  or 
who  shall  suffer  or  permit  the  same  to  be  done,  shall  be  sub- 
ject to  a  fine  of  not  less  than  twenty  dollars  nor  more  than 
one  hundred  dollars  for  every  such  offense.  [  G.  0.  No.  519, 
Sec.  4. 

SEC.  5.  Fees  for  weighing. — The  city  weighmaster 
is  hereby  authorized  and  required  to  collect,  for  the  use  of  the 
city,  the  following  fees  for  weighing  and  giving  a  certificate 
therefor:  For  each  draught  of  hay,  grain,  corn,  lime,  coal, 
stonecoal,  or  charcoal,  twenty  cents  ;  for  each  head  of  hogs  or 
sheep  three  cents  ;  and  for  each  head  of  cattle,  horses  or 
mules,  ten  cents  ;  and  for  each  hundred  pounds  or  fractional 
part  thereof,  of  any  merchandise  or  other  article,  not  loaded 
in  a  vehicle,  two  cents.  [  G.  0.  No.  519,  Sec.  5. 

SEC.    6.      Weighmaster    to    pay    over    receipts 

monthly. — The  city  weighmaster  shall  pay  to  the  city  treas- 


CITY  WEIGHM ASTER.  591 

urer,  on  the  first  day  of  each  month,  all  moneys  received  for 
weighing  or  for  market  fees  during  the  preceding  month,  tak- 
ing triplicate  receipts  therefor,  one  to  be  filed  with  the  auditor, 
one  with  the  comptroller  and  the  third  retained.  \G.  0.  No. 
519,  Sec.  6. 

SEC.  7,     Shall  keep  a  record  and  report  monthly. 

—The  city  weighmaster  shall  keep  a  record,  and  shall  enter 
therein  the  amount  of  each  load  and  the  name  of  each  person 
for  whom  and  the  date  when  the  same  was  weighed  or  allowed 
to  attend  at  the  hay  market,  together  with  the  fees  received 
therefor.  The  city  weighmaster  shall  make  a  report  to  the 
comptroller  on  the  first  of  each  month,  which  report  shall  be 
a  true  copy  of  the  record  kept  in  his  office.  [G.  0.  No.  519, 
Sec.  7. 

SEC.  8,  Private  persons  prohibited  from  weigh- 
ing.— All  persons  owning  or  having  charge  of  any  scales  in 
the  city,  other  than  those  licensed  as  public  scales  or  owned  or 
managed  by  the  city,  are  prohibited  from  weighing  or  permit- 
ting to  be  weighed  on  said  scales,  any  hay,  coal,  stonecoal, 
charcoal,  lime,  grain  (except  in  less  quantities  than  ten  bush- 
els), or  live  stock;  provided,  that  nothing  in  this  ordinance, 
or  any  other  ordinance  of  the  city,  shall  be  so  construed  as  a 
prohibition  against  any  person  owning  or  having  charge  of  any 
scales,  weighing  any  article  that  he  may  at  the  time  own,  or 
that  he  may  weigh  for  the  purpose  of  purchasing.  [G.  O. 
No.  519,  Sec.  8. 

SEC.  9.     Fees  of  public  scales  and  weighmaster. 

—The  city  weighmaster  and  all  persons,  owning,  keeping  or 
managing  any  public  scales  shall  charge  the  fees  authorized  by 
ordinance  neither  more  nor  less.  Any  person  violating  this 
section  shall  be  deemed  guilty  of  a  misdemeanor.  [G.  O.  No. 
519,  Sec.  9. 

SEC.  10.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  where  no  penalty  is  specially 
imposed  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 


1 


592  GENERAL  ORDINANCES. 

conviction    thereof   shall    be    fined  in  any  sum  not  to  exceed 
twenty-five  dollars.      [#.   O.  No.  519,  Sec.  10. 

CHAPTEK  LXYII. 
SCAVENGERS. 

SECTION.  SECTION. 

1.  Privy  or  cesspool  to  be  cleaned.  9.    Owner  must  have  written  permis- 

2.  Scavengers  defined.  sion  of  health  officer. 

3.  License  for ;  bond.  10.    Health  officer  to  notify  owner  to 

4.  Privy  and  cesspool,  how  cleaned.  clean,  etc. 

5.  Same ;  air-tight  tank  to  be  used.  11.    Scavenger  to  report  to  health  offi- 

6.  By  licensed  scavengers.  cer  the  work  done. 

7.  Penalty  for  doing  scavenger  work.  12.    Penalty    for   violating    this   ordi. 

8.  Equipment  for  scavenger  work.  nance. 

SECTION  1.  Privy  or  cesspool  to  be  cleaned  by 
direction  of  health  officer. — No  person,  company  or  cor- 
poration within  the  fire  limits  of  the  city  of  St.  Joseph  shall 
empty,  clean,  cover  or  remove  the  contents  of  any  privy  vault 
or  cesspool  except  in  the  manner  provided  in  this  ordinance 
and  in  pursuance  of  the  directions,  regulations  and  require- 
ments of  the  health  officer.  \R.  O.  1888,  Chap.  67,  Sec.  1. 

SEC.  2.  Scavenger  defined. — Any  person,  company 
or  corporation  who  shall  engage  in  the  business  of  emptying, 
cleaning,  covering  or  removing  the  contents  of  any  privy  vault 
or  cesspool,  shall  be  deemed  a  scavenger  within  the  meaning 
of  this  ordinance.  [R.  0.  1888,  Chap.  67,  Sec.  <2. 

SEC.  3.  License  —  bond.  —  No  person,  company  or 
corporation  shall  exercise  the  business  of  scavenger  in  the  city 
of  St.  Joseph,  without  first  having  obtained  a  license  therefor. 
Each  scavenger  shall  pay  for  the  use  of  the  city  the  sum  of  ten 
dollars  per  year  for  each  wagon  operated  by  him  or  them,  and 
no  other  fees.  Such  license  shall  date  from  the  first  day  of 
May  in  each  year,  and  no  license  shall  be  issued  for  a  less 
period  than  one  year:  Provided,  that  in  starting  as  a  scav- 
enger, license  may  be  written  expiring  May  first  following  the 
date  of  such  license  at  proportionate  rates.  Provided,  how- 
ever, that  no  license  shall  be  issued  for  a  sum  less  than  five 


SCAVENGERS.  593 

dollars;  licenses  shall  be  issued  upon  application  to  any  per- 
son, company  or  corporation  desiring  to  do  scavenger  work, 
upon  the  execution  of  a  bond  to  the  city  by  such  scavenger  in 
the  penal  sum  of  one  hundred  dollars,  with  two  sureties, 
conditioned  that  said  scavenger  shall  comply  with  the  provi- 
sions of  this  and  any  ordinance  which  may  be  hereafter  passed 
by  the  common  council,  touching  their  said  employment,  and 
shall  also  comply  with,  and  obey  the  directions  and  regulations 
of  the  board  of  health  of  the  city  made  in  pursuance  of  law. 
\R.  0.  1888,  Chap.  67.  Amended  G.  O.  No.  386. 

SEC.  4.     Privy  and  cesspool,  how  cleaned. — The 

cleaning,  emptying  and  removing  of  the  contents  of  privy 
vaults  or  cesspools  shall  be  done  in  an  inoffensive  manner,  and 
any  such  scavenger  having  begun  such  scavenger  work,  shall 
without  any  interruption  or  delay  finish  the  same,  and  shall, 
in  every  instance,  leave  the  privy  vault  or  cesspool  in  as  good 
condition  upon  the  vault  or  cesspool  as  when  the  work  was 
undertaken.  [R.  0.  1888,  Chap.  67,  Sec.  4. 

SEC.  5.     Same ;  air-tight  tank  to  be  used. — The 

contents  of  privy  vaults  or  cesspools  so  removed  by  any  scav- 
enger, shall  be  conveyed  to  some  place  designated  by  the 
health  officer  in  air-tight  tanks  or  vessels,  and  shall  be  disposed 
of  in  such  manner  as  to  cause  no  offense  ;  and  all  tanks  shall 
be  kept  clean  and  inoffensive  when  not  in  actual  use.  [R.  O. 
1888,  Chap.  67,  Sec.  5. 

SEC.  6.  By  licensed  scavengers. — No  privy  vault 
or  cesspool  shall  be  cleaned,  emptied,  covered  or  removed 
except  by  a  licensed  scavenger.  The  health  officer  may  pre- 
scribe such  details  for  the  doing  of  such  scavenger  work  as  the 
proper  enforcement  of  this  ordinance  shall  require.  \_R.  O. 
1888,  Chap.  67,  Sec.  6. 

SEC.  7.     Penalty   for   doing  scavenger  work.— 

Any  person  who  shall  be  guilty  of  doing  any  scavenger  work 
in  the  city  of  St.  Joseph  without  first  having  obtained  a  license 

42 


1 


594  GENERAL  ORDINANCES. 

therefor,  as  provided  for  in  this  ordinance,  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  for  each  and 
every  offense.  [JS.  0.  1888,  Chap.  67,  Sec.  7. 

SEC.  8.  Equipment  for  scavenger  work. — Scaven- 
gers who  engage  in  the  business  of  removing  the  contents  of 
privy  vaults  or  cesspools,  shall  cause  to  be  painted  on  the  tank 
or  wagon  box  of  their  wagons,  in  large  letters  and  figures,  his 
name,  number  of  license  and  letter  of  wagon,  and  carry  on 
each  wagon  so  employed  at  night,  a  lighted  lamp  with  plain 
glass  front  and  sides,  with  the  number  of  the  license  and  the 
letter  of  the  wagon  painted  with  black  paint  on  the  sides  and 
front  of  each  of  said  lamps,  in  distinct  and  legible  figures  at 
least  two  inches  in  size,  and  so  placed  that  said  lamps  may  be 
distinctly  seen  and  said  numbers  and  letters  easily  read.  The 
scavenger  shall  also  carry  the  permit  for  work  in  each  instance 
for  inspection  of  the  police.  It  shall  be  the  right  and  duty  of 
such  night  scavenger  so  licensed,  when  requested  by  any 
owner,  agent  or  occupant  of  any  privy  vault  or  cesspool  within 
the  city,  to  clean  and  remove  the  contents  thereof,  and  to 
remove  and  deposit  the  same  at  such  place  or  places  as  shall 
or  may  be  designated  by  the  health  officer  of  the  city  of  St. 
Joseph,  [j?.  O.  1888,  Chap.  67,  Sec.  8. 

SEC.  9.     Owner  must  have  written  permission  of 

health  officer. — Owners,  occupants  or  agents  of  privy  vaults 
within  the  city,  desiring  to  clean  and  remove  the  contents 
thereof  themselves  without  the  aid  of  night  scavengers,  shall 
not  be  allowed  to  do  so  except  upon  the  written  permission  of 
the  health  officer,  and  then  only  in  such  manner  as  said  per- 
mit shall  direct.  [R.  0.  1888,  Chap.  67,  Sec.  9. 

SEC.  10.     Health  officer  to  notify  owner  to  clean, 

etc. — Whenever  in  the  opinion  of  the  health  officer  any  privy 
vault  or  cesspool  shall  be  offensive  and  need  cleaning,  it  shall 
be  his  duty  to  notify  the  owner,  agent  or  occupant  to  clean  the 
same  within  a  period  named  in  said  notice  ;  also  to  serve  a 
printed  copy  of  this  ordinance.  Such  person,  owner,  agent  or 


SCAVENGERS.  595 

occupant  so  notified,  and  failing  to  comply  with  said  notice 
within  the  time  mentioned  shall,  upon  conviction,  be  fined  in 
a  sum  not  less  than  ten  dollars  nor  more  than  fifty  dollars  for 
each  and  every  offense.  In  case  no  owner  or  agent  can  be 
found  in  the  city,  the  health  officer  shall  cause  such  offensive 
vault  or  cesspool  to  be  cleaned,  the  expense  to  be  collected  as 
in  other  cases  of  the  removal  or  abatement  of  nuisances.  [It. 
O.  1888,  Chap.  67,  Sec.  10. 

SEC.    11.     Scavenger  to  report  to  health  officer 

the  work  done. — Scavengers  shall  make  a  return  of  such 
permit  to  the  health  officer,  certifying  to  the  number  of  yards 
which  they  have  removed  from  the  vault  or  cesspool  therein 
described,  also  where  the  same  was  deposited,  within  two  days 
after  the  work  shall  have  been  performed.  [R.  O.  1888, 
Chap.  67,  Sec.  11. 

SEC.  12.     Penalty  for  violating  ordinance. — Any 

scavenger  who  shall  violate  any  provision  of  this  ordinance, 
or  shall  fail  to  comply  with  any  order,  direction  or  regulation 
lawfully  made  by  the  health  officer,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  and  every 
offense,  and  shall  be  subject  to  a  revocation  of  license  in  the 
discretion  of  the  mayor.  [R.  0.  1888,  Chap.  67,  Sec.  12. 


596 


GENERAL  ORDINANCES. 


CHAPTER  LXVIII. 


SEAL. 

SECTION  1.    Description  of,  establishment  of. 

SECTION  1.  Description  of  seal. — The  seal  heretofore 
'provided  and  used  by  and  for  the  city  of  St.  Joseph  (the 
impression  on  which  is  a  representation  of  the  Goddess  of 
Liberty,  with  the  inscription,  Seal  of  the  City  of  St.  Joseph, 
around  the  outer  edge  of  said  seal,  which  seal,  represented  as 
aforesaid,  is  hereunto  annexed),  shall  be  and  is  hereby  estab 
lished  and  declared  to  have  been  and  now  to  be  the  seal  of 
the  city  of  St.  Joseph.  [JR.  O.  1888,  Chap.  68. 


CHAPTER  LXIX. 

SECOND-HAND  DEALERS. 

SECTION  1.    Second-hand  dealers  to  keep  record,  etc. 

SECTION  1.  Second-hand  dealers  to  keep  record 
of  goods  bought. — Every  second-hand  dealer  doing  busi- 
ness in  this  city,  shall  keep  a  register  in  which  he  shall,  at  the 
time  of  purchase  or  receipt,  enter  the  name  and  residence  of 
all  persons  from  whom  he  shall  purchase  or  receive  any 
second-hand  goods  of  any  description  whatever,  together  with 
a  minute  description  of  all  second-hand  goods  so  purchased  or 
received,  and  particularly  mentioning  any  prominent  or 


SEWERS. 


597 


descriptive  marks  that  may  be  on  such  second-hand  goods ; 
and  he  shall  keep  such  register  open  at  all  times  to  the  exam- 
ination or  inspection  of  an}7  person  asking  or  demanding  the 
same.  Said  register  shall  be  kept  clean  and  legible  and  no 
entry  therein  shall  be  defaced,  erased  or  obliterated,  and  all 
the  entries  therein  shall  be  made  with  ink.  He  shall  also,  at 
all  times  during  ordinary  business  hours  permit  or  allow  any 
person  asking  or  demanding  the  same,  to  examine  and  inspect 
any  second-hand  goods  kept  or  stored  in  or  about  his  place  of 
business.  Any  person  violating,  failing,  neglecting  or  refus- 
ing to  comply  with  any  provision,  regulation  or  requirement  of 
this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars.  [G.  0.  No. 
Sec.  44^ 

CHAPTER  LXX. 


SEWERS. 


SECTION. 

1.  Main  and  lateral  sewers ;  construc- 

tion of. 

2.  Sewer  connections,  how  made. 

3.  No  sewer  connection  to  be  without 

consent. 

4.  Private     drains     and    connecting 

pipes,  how  used. 

5.  No  person  to  uncover  or  excavate 

under  sewer. 

6.  Drains  to  be  constructed  how. 

7.  Same  ;  by  permit  from  engineer. 

8.  Person    working    under  permit  to 

give  bond. 

9.  Notice  to  engineer  before  beginning 

work. 

10.  Materials    and   connections  to  be 

approved  by  engineer. 

11.  City    may    connect    with    private 

sewer. 

12.  Penalty  for  violating  the  foregoing 

sections. 


SECTION. 

13.  How  connected  with  buildings 

14.  Plan  of,  to  be  deposited  with  engi- 

neer. 

15.  Engineer  may    ascertain    whether 

drain  is  properly  built. 

16.  Penalty  for  violating  three  preced- 

ing sections. 

17.  Owners  considered  as  petitioners, 

when. 

18.  Litter,  rubbish,    etc.,    not     to   be 

thrown  into  sewer. 

19.  Obstructions   or   discharges    into, 

etc.,  forbidden. 

20.  Person  violating,  etc.,  to  be  noti- 

fied when ;  penalty. 

21.  Condition  to  building  permit, 

22.  Tax  bills  for  district  sewers ;  infor- 

mation thereon. 

23-82.  Boundaries  of  sewer  districts 
numbered  from  one  to  sixty,  ar- 
ranged numerically. 


SECTION  1.     Main  or  lateral    sewers,    how    con- 
lected. — Whenever  the  construction  of  any  main  or  lateral 
$wer  in  the  city  of  St.  Joseph  shall  have  been   authorized  by 
ordinance,  it  shall  be  the  duty  of  the  city  engineer  to  adver- 


598  GENERAL  ORDINANCES. 

tise  for  bids  and  let  out  the  contract  for  the  work  of  con- 
struction in  the  same  manner  as  other  city  work  is  let  out,  and 
to  prepare  the  plans,  specifications,  and  a  contract  for  the 
same,  which  shall  be  reported  by  him  to  the  common  council 
for  their  approval  ;  after  the  same  shall  have  been  approved, 
as  aforesaid,  it  shall  be  the  duty  of  the  city  engineer  to  super- 
intend the  work,  and  cause  such  sewer  to  be  constructed  in 
accordance  with  the  terms  of  the  contract  and  the  plans  and 
specifications,  [R.  0.  1888,  Chap.  69,  Sec.  1. 

SEC.  2.  Sewer  connections,  how  made. — All  con- 
nections with  main  or  lateral  sewers  shall  be  made  in  the  most 
substantial  manner,  according  to  the  directions  and  under  the 
superintendence  of  the  city  engineer,  and  under  such  other 
regulations  as  may  be  provided  by  ordinance.  [12.  O.  Chap. 
69,  Sec.  0. 

SEC.  3.     Connection  with,  to  be  by  permission.— 

Any  person  who  shall  make  or  attempt  to  make  a  connection 
with  any  main  or  lateral  sewer,  without  permission  from  the 
common  council,  or  in  violation  of  the  instructions  of  the  city 
engineer,  or  any  person  who  shall  make  or  cause  to  be  made 
a  defective  private  sewer  under  any  street  or  public  highway, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  be  fined  in  any  sum  not  exceeding  fifty  dollars. 
[E.  0. 1888,  Chap.  69,  Sec.  3. 

SEC.  4.  Penalty  for  construction  without  per- 
mission.— It  shall  be  the  duty  of  any  person  or  persons  con- 
structing or  using  any  private  drain,  sewer  or  pipe  connecting 
with  or  emptying  into  any  lateral  or  main  sewer  within  this 
city,  to  construct  and  use  the  same  strictly  in  conformity  with 
the  orders  and  directions  of  the  city  engineer,  which  orders  and 
directions  shall  be  given  in  writing  for  such  purpose ;  and  any 
person  who  shall  construct  or  use,  or  cause  to  be  constructed 
or  used,  any  such  drain,  sewer  or  pipe  in  a  different  manner 
from  that  so  ordered  and  directed  by  said  engineer,  shall  be 
subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 


SEWERS.  599 

hundred  dollars  for  every  such  offense,  and  a  like  fine  for 
every  day  such  violation  shall  continue,  after  notice  from  the 
city  engineer  to  remove  or  reconstruct  the  same.  [R.  O. 
1888,  Chap.  69,  Sec.  4- 

SEC.  5.     Penalty  for  working  around  sewer,  etc. 

—Any  person  who  shall  uncover  or  excavate  under  or  around 
any  sewer  in  this  city,  for  any  purpose  whatever,  without  the 
written  consent  of  the  city  engineer,  shall  be  subject  to  a  fine 
of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars; 
the  person  or  persons  by  whom  the  work  is  done,  and  their 
employes,  shall  be  deemed  guilty  of  a  violation  of  this  section. 
[£.  0.  1888,  Chap.  69,  Sec.  5. 

SEC.   6.     Drains   to  be   constructed,   how.  —  All 

sewers  or  drains  which  connect  with  or  discharge  into  any 
public  or  district  sewer,  or  which  lie  wholly  or  in  part  upon 
any  public  street,  alley  or  highway,  shall  be  constructed  in 
accordance  with  the  provisions  of  this  ordinance,  and  in  con- 
formity with  the  regulations  of  the  city  engineer,  who  shall 
have  general  supervision  of  all  such  work.  [72.  0.  1888,  Chap. 
82,  Sec.  1. 

SEC.  7.     Same  ;   by  permit  from  engineer. — No 

person  shall  excavate  around  or  under  any  public  or  district 
sewer,  nor  connect  any  private  sewer  therewith,  nor  construct 
any  private  sewer  on  any  public  street,  alley  or  highway, 
except  in  pursuance  of  a  permit  so  to  do,  issued  by  the  city 
engineer,  which  permit  must  be  at  all  times  on  the  ground 
whilst  the  work  is  in  progress,  and  be  exhibited  to  any  police- 
man or  other  person  who  may  ask  to  see  it.  Permits  for  the 
construction  of  private  sewers  will  be  issued  only  to  such  per- 
sons as  have  given  bond  as  hereinafter  provided,  upon  the 
application  of  the  owner  of  the  property  to  be  drained,  or  his 
duly  authorized  agent.  All  applications  for  permits  must  be 
in  writing,  and  must  give  a  clear  description  of  the  property 
to  be  drained,  and  of  the  sewer  and  sewers  which  it  is  desired 
to  construct,  with  a  list  of  the  water  closets,  sinks,  down 


600  GENERAL  ORDINANCES. 

spouts,  and  other  fixtures  to  be  connected  therewith.  If  the 
city  engineer  shall  deem  it  necessary  for  such  description,  he 
may  require  a  plan  and  profile  of  the  proposed  sewers,  and  all 
such  plans,  profiles  and  descriptions,  or  copies  thereof,  shall 
be  left  on  file  in  the  office  of  said  engineer.  If  the  proposed 
sewers  are  in  accordance  with  the  provisions  of  this  ordinance, 
and  t  e  plans  thereof  are  approved  by  the  city  engineer,  he 
shall  issue  a  permit  for  their  construction,  which  permit  shall 
contain  or  be  accompanied  by  the  regulations  and  conditions 
under  which  the  work  is  to  be  done:  Provided*  however,  that 
if  the  length  of  the  proposed  sewers  shall  exceed  one  hundred 
feet,  that  an  amount  of  money  be  paid  into  the  city  treasury 
sufficient,  in  the  opinion  of  said  engineer,  to  pay  for  the  cost 
of  inspection,  which  sum  shall  be  a  special  fund  out  of  which 
the  wages  of  an  inspector,  appointed  by  the  city  engineer  to 
see  that  the  work  is  properly  done,  shall  be  paid,  and  the 
remainder,  if  any,  returned  to  the  party  by  whom  the  fund 
was  created:  And  provided  further,  that  if  the  property  to  be 
drained  by  the  proposed  sewer  has  ever  been  assessed  for  the 
construction  of  district  sewers,  no  permit  for  the  construction 
of  said  private  sewer,  or  its  connection  with  any  public  or  dis- 
trict sewer,  shall  be  issued  until  such  assessment  has  been  paid, 
nor  during  the  construction  of  any  district  sewer  prior  to  the 
assessment  of  the  cost  thereof.  [E.  O.  1888,  Chap.  82,  Sec.  2. 

SEC.   8.     Person  working  under  permit  to  give 

bond. — Any  person  desiring  to  work  under  permits  from  the 
city  engineer  shall  first  file  with  the  said  engineer  a  bond  in 
the  sum  of  five  hundred  dollars,  with  two  securities,  to  be 
approved  by  the  comptroller;  said  bond  to  be  conditioned  that 
he  will,  in  all  work  of  constructing  private  sewers  and  connect- 
ing the  same  with  public  and  district  sewers,  faithfully  com- 
ply with  all  regulations  and  instructions  of  the  city  engineer, 
or  his  duly  authorized  agents,  in  reference  to  such  work  and 
all  the  requirements  of  this  ordinance,  and  will  enforce  the 
same  upon  his  employes  and  hold  himself  responsible  for  all 
their  acts.  And  in  case  any  work  under  a  permit  shall  be 


SEWERS.  601 

improperly  done  and  in  violation  of  the  foregoing  conditions, 
or  in  case  of  any  damage  to  any  public  or  district  sewer, 
caused  by  such  violation,  either  on  the  part  of  the  person  to 
whom  the  permit  is  issued,  or  his  employe,  the  city  engineer 
shall  have  the  right  to  reconstruct  such  defective  work  and 
repair  such  damage,  and  the  whole  cost  thereof,  together  with 
the  costs  of  suit,  shall  be  recovered  by  the  city  of  St.  Joseph 
by  suit  on  such  bond.  If  any  one  who  has  given  bond,  as 
hereinbefore  provided,  shall  violate  any  of  the  conditions  of 
said  bond,  the  city  engineer  may  refuse  to  grant  any  further 
permits  until  all  improper,  defective  work  done  by  him  shall 
have  been  repaired,  and  all  expense  which  may  have  been 
caused  to  the  city  by  such  work  shall  have  been  paid  into  the 
city  treasury.  [R.  0.  1888,  Chap.  82,  Sec.  3. 

SEC.  9.     Notice  to   engineer    before    beginning 

work. — The  city  engineer  may  require  that  before  work 
under  a  permit  from  him  is  begun,  twenty-four  hours'  notice 
thereof  shall  be  given  at  his  office,  so  that  an  inspector  may  be 
on  the  ground  to  see  that  the  work  is  properly  done,  and  also 
that  when  the  drain  layer  is  prevented  from  going  to  work  at 
the  time  set,  he  shall  report  the  fact  to  said  engineer  and 
appoint  another  time  for  doing  the  same;  and  any  work  done 
without  notice  to  the  city  engineer,  as  aforesaid,  or  without 
inspection  by  some  one  duly  authorized  by  him,  shall  be 
treated  as  defective  work,  and  may  be  uncovered,  and  if  need 
be,  reconstructed  by  said  engineer  at  the  expense  of  the  drain 
layer  to  whom  the  permit  was  issued.  [7?.  O.  1888,  Chap. 
82,  Sec.  4. 

SEC.   10.     Materials   and  connections   to   be   ap- 

approved  by  the  engineer. — No  materials  shall  be  used 
in  constructing  sewers  to  be  connected  with  public  or  district 
sewers,  or  lying  wholly  or  in  part  on  a  public  street,  alley  or 
highway,  except  such  as  are  approved  by  the  city  engineer  or 
his  duly  authorized  agents.  In  connecting  a  private  sewer 
with  a  public  or  district  sewer,  the  junction  pieces  which  have 


602  GENERAL  ORDINANCES. 

been  built  into  the  sewer  must  be  used  for  such  connection, 
unless  a  special  permission  to  cut  the  sewer  be  first  granted  by 
the  city  engineer;  but  if  no  junction  pieces  have  been  set  in 
building  the  sewer,  a  connection  may  be  made  by  inserting 
into  the  sewer  a  junction  piece  of  the  size  specified  in  the  per- 
mit, which  junction  piece  shall  lie  at  an.  angle  with  the  sewer, 
not  exceeding  forty-five  degrees,  and  be  cut  slant  in  the  process 
of  manufacture,  and  not  by  clipping  afterwards.  In  connect- 
ing pipe  with  pipe  a  Y  junction  must  be  used.  The  inside  of 
every  sewer  or  drain  connecting  with  a  public  or  district  sewer 
must,  after  it  is  laid,  be  left  perfectly  smooth  and  clean 
throughout  its  whole  length,  and  the  ends  of  all  sewers  not  to 
be  immediately  used,  must  be  securely  guarded  against  the 
introduction  of  sand  or  earth,  by  brick  or  cement  or  other 
water-tight  and  imperishable  materials.  [7?.  O.  1888,  Chap. 
82,  Sec.  5. 

SEC.   11.     City  may  connect  with  private  sewers, 

when. — The  city  shall  have  the  right  at  all  times,  through 
the  city  engineer  or  any  proper  officer,  to  connect  with  and 
use  any  private  sewer  built  upon  any  public  street,  alley  or 
highway  for  draining  the  streets,  or  for  any  public  purpose, 
and  also  to  reconstruct,  or  to  close  up  or, disconnect  from  any 
public  or  district  sewer,  or  any  private  sewer,  constructed  in 
violation  of  the  provisions  of  this  ordinance,  or  which  may, 
from  any  cause,  have  become  a  nuisance.  [JR.  O.  1888,  Chap. 
82,  Sec.  6. 

SEC.  12.  Penalty  for  violating  the  foregoing  sec- 
tions.— Any  person  who  shall  violate  any  of  the  provisions 
of  the  next  six  preceding  sections  of  this  ordinance  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  pay  a  fine  of  not  less  than  twenty-five  dollars,  nor  more 
than  one  hundred  dollars  for  each  offense.  \JR.  0.1888,  Chap. 
82, -Sec.  7. 

SEC.  13.  How  connected  with  buildings. — It  shall 
be  unlawful  hereafter  to  construct  or  extend  any  drain  for  the 


SEWERS.  603 

reception  of  sewerage  or  waste  water,  under  or  into  any  hotel, 
tenement  house  or  dwelling,  or  to  connect  the  same  with  any 
public  or  district  sewer,  unless  the  said  drain  shall,  in  its  plan 
and  construction,  conform  to  the  following  requirements : 
First,  there  shall  be  in  said  drain  a  trap  so  constructed  as  to 
bar  the  passage  of  air  from  beyond  the  trap  into  the  house,  by 
an  obstacle  equal  to  at  least  two  inches  in  depth  of  water. 
Second,  between  said  trap  and  the  foot  of  the  soil  pipe,  there 
shall  be  connected  with  the  said  drain  an  inlet  pipe  for  the 
admission  of  fresh  air,  and  the  soil  pipe  within  the  house  shall 
be  continued  above  the  roof  and  left  open  so  that  the  whole 
drain  may  be  thoroughly  and  constantly  ventilated.  \_R.  0. 
1888,  Chap.  82,  Sec.  8. 

SEC.  14.     Plan  of,  to  be  deposited  with  engineer. 

—Whenever  any  person  desires  to  construct  a  house  drain  in- 
tended to  be  connected  with,  or  discharged  into,  any  public  or 
district  sewer,  he  shall,  before  beginning  work  upon  the  same, 
deposit  with  the  city  engineer  a  plan  thereof,  which  plan  shall 
show  the  whole  course  of  the  drain  from  its  connection  with 
the  sewer  to  its  terminus  within  the  house,  with  the  location 
of  all  branches,  traps  and  fixtures  to  be  connected  therewith  ; 
said  plan,  or  a  copy  thereof,  to  be  left  on  file  in  the  office  of 
said  engineer.  If,  upon  inspection  of  said  plan,  the  city  engi- 
neer shall  find  that  the  same  does  not  conform  to  the  require- 
ments of  the  preceding  section,  he  shall  not  issue  any  permit 
for  its  construction  or  connection  with  any  public  or  district 
sewer,  and  it  shall  be  unlawful  to  construct  said  drain  or  to 
connect  the  same  either  directly  or  indirectly  with  any  public 
or  district  sewer.  [R.  O.  1888,  Chap.  82,  Sec.  9. 

SEC.  15.  Engineer  may  ascertain  whether  drain 
is  properly  built. — The  city  engineer,  or  his  duly  author- 
ized agents,  shall  have  the  right  to  enter  upon  the  premises 
drained  by  any  house  drain,  constructed  and  connected  with 
any  public  or  district  sewer,  at  all  reasonable  hours,  to  ascer- 
tain whether  the  provisions  of  this  ordinance  or  any  ordinance 


604  GENERAL  ORDINANCES. 

in  regard  to  house  drains  have  been  complied  with,  and  if  he 
shall  find  that  &aid  drain  or  its  attachments  do  not  conform  to 
the  provisions  of  law  in  regard  thereto,  he  shall  notify  the 
owner  of  said  premises  or  his  agent  of  this  fact.  It  shall, 
thereupon,  be  the  duty  of  said  owner  or  his  agent  to  cause  said 
drain  or  its  attachments  to  be  so  altered,  repaired  or  recon- 
structed as  to  make  them  conform  to  the  requirements  of  law 
in  regard  thereto  within  fifteen  days  from  the  time  of  receiv- 
ing such  notice.  [R.  O.  1888,  Chap.  8%,  Sec.  10. 

SEC.  16.     Penalty  for  violating  three  preceding 

sections. — Any  person  who  shall  violate  any  of  the  provi 
sions  of  the  next  three  preceding  sections  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  ten  nor  more  than  one  hundred  dollars.  [R.  0. 
1888,  Chap.  82,  Sec.  11. 

SEC.     IT.      Owners     considered    as    petitioners, 

when. — The  owners  or  representatives  of  any  property  that 
is  drained  by  a  private  sewer  into  a  public  or  district  sewer, 
when  such  property  is  not  situated  within  the  limits  of  a  sewer 
district,  shall  be  considered  as  petitioners  for  establishing  a 
sewer  district,  whenever  any  other  property  holders  within  said 
proposed  district  shall  petition  the  common  council  for  the 
same.  [R.  O.  1888,  Chap.  82,  Sec.  12. 

SEC.  18.     Litter,  rubbish,  etc.,  not  to  be  thrown 

into  sewer. — No  person  shall  deposit  or  throw  into  any 
sewer  or  sewer  inlet,  or  any  private  drain,  or  any  street  or 
gutter  connecting  with  a  public  or  district  sewer,  any  straw, 
hay,  shavings,  tinner's  scraps,  manure,  wire,  tree  or  vine  clip- 
pings, garbage,  or  any  substance  which  may  cause  the  sewer 
or  sewer  inlet  to  choke  up,  or  which  may  create  a  nuisance  ; 
nor  shall  any  dam  or  obstruction  of  any  kind  be  placed  in  any 
sewer  unless  permission  so  to  do  is  expressly  granted  by  the 
city  engineer.  Any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  pay  a  fine  of  not  less  than  twenty-five 


SEWERS.  605 

dollars  nor  more  than  fifty  dollars.  [R.  O.  1888,  Chap.  82, 
Sec.  13. 

SEC.  19.     Obstructions  or  discharges,  into,  etc., 

forbidden. — .No  packing  house,  slaughterhouse,  lard  render- 
ing establishment,  dairy,  steam  engine,  steam  boiler,  gas 
works,  hotel  or  boarding  house,  or  any  establishment  by  which, 
in  the  opinion  of  the  city  engineer,  anything  would  be  dis- 
charged into  the  sewers,  tending  to  obstruct  or  injure  the  same, 
or  to  cause  a  nuisance,  shall  be  connected  with  any  public  or 
district  sewer,  except  through  one  or  more  catch  basins  as  may 
be  prescribed  by  said  city  engineer,  and  in  case  the  matter  dis- 
charged by  any  establishment  can  not,  in  the  opinion  of  the 
board  of  health,  be  rendered  harmless  to  the  sewer,  or  to  the 
public  health,  they  shall  be  excluded  from  the  sewer  entirely. 
[JR.  O.  1888,  Chap.  82,  Sec.  14. 

SEC.  20.     Persons  violating,  etc.,  to  be  notified 

when — penalty. — In  case  any  establishment  shall  discharge 
into  any  public  or  district  sewer  in  violation  of  the  provisions 
of  the  foregoing  section,  the  city  engineer  shall,  whenever 
ordered  by  the  common  council,  notify  the  owner  of  such 
establishment  to  cease  from  such  violation,  and,  if  catch  basins 
are  needed,  to  build  the  said  catch  basins  and  a  manhole 
eighteen  inches  in  diameter  over  the  same  to  the  level  of  the 
street  or  alley,  and  with  an  iron  cover  fitted  on  the  same, 
within  thirty  days  from  the  date  of  said  notice.  If,  at  the 
expiration  of  said  notice,  the  order  so  given  shall  not  have 
been  complied  with,  the  person  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
pay  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred 
dollars  for  each  and  every  ofiense.  [J?.  0.  1888,  Chap.  82, 
Sec.  15. 

SEC.  21.  Condition  of  building  permit — The  chief 
of  the  fire  department,  or  other  officer,  whose  duty  it  is  to 
issue  building  permits,  is  required  to  include  in  all  permits,  for 
the  repairs  or  erection  of  buildings,  to  be  hereafter  issued  by 


606  GENERAL  ORDINANCES. 

him.  the  following  conditions:  First,  the  applicant  shall  agree 
to  make  a  connection  with  the  sewer,  if  the  sewer  is  already 
constructed,  and  if  not  constructed,  he  shall  enter  into  a  bond 
to  make  said  connection  whenever  such  sewer  shall  be  con- 
structed. [R.  0.  1888,  Chap.  82,  Sec.  16. 

SEC.  22.  Tax  bills  for  district  sewers,  informa- 
tion thereon. — In  the  issuing  of  special  tax  bills  for  the 
construction  of  district  sewers,  the  city  engineer  is  hereby 
required  to  have  written,  printed  or  stamped  thereon,  upon  the 
upper  third  of  the  back  of  said  bills,  the  following  informa- 
tion: Number  of  sewer  district ;  number  of  special  ordinance 
ordering  the  work,  with  date  of  approval ;  name  of  contractor 
with  date  of  approval  of  contract  ;  location  of  sewers  laid  ; 
number  of  feet  of  each  size  sewer  laid  ;  cost  per  foot  for  each 
size  ;  number  of  inlets,  where  located,  and  cost  of  each ;  num- 
ber of  manholes,  where  located,  and  cost  of  each  ;  total  num- 
ber of  square  feet  in  the  district ;  cost  per  square  foot  ;  total 
cost  for  the  district.  [G.  O.  No.  487,  Sec.  1. 

BOUNDARIES  OF  SEWER  DISTRICTS. 

SEC.  23.  Sewer  district  No.  1. — There  is  hereby 
established  in  the  city  of  St.  Joseph  a  sewer  district  to  be 
known  as  district  No.  1,  bounded  as  follows,  to  wit:  Com- 
mencing at  the  center  line  of  Eighth  and  Messanie  streets, 
thence  north  on  Eighth  street  to  Charles  street,  thence  east  on 
Charles  street  to  the  center  of  Twelfth  street,  thence  south  on 
center  line  of  Twelfth  street  to  Messanie,  thence  east  on  Mes- 
sanie to  the  alley  dividing  block  7,  Stewart's  addition,  thence 
south  on  said  alley  to  the  south  line  of  lot  4  of  said  block  7  of 
Stewart's  addition,  thence  west  on  the  south  line  of  lot  4  to 
Thirteenth  street,  thence  west  on  the  south  line  of  lots  3  and  2, 
block  5,  lots  8  and  3,  block  4,  lots  6  and  3,  block  3,  and  lots 
6  and  3,  block  2,  all  in  Patee's  addition,  to  Eighth  street, 
thence  north  on  Eighth  street  to  Messanie  street.  \_G.  0. 
No.  9. 


SEWERS.  607 

SEC.  24.  Sewer  district  No.  2. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  2,  bounded  as  follows,  to  wit:  Com- 
mencing at  a  point  on  Fourth  street  at  the  center  of  Franklin 
street,  thence  east  on  the  center  of  Franklin  street  to  east  line 
of  Sixth  street,  thence  east  on  the  north  line  of  lot  6  in  Eges' 
addition  to  the  alley,  thence  south  along  said  alley  to  the  north 
line  of  lot  33,  thence  east  along  said  north  line  to  and  across 
Seventh  street  to  the  north  line  of  lot  3,  block  3,  County's  addi- 
tion, thence  east  on  said  north  line  sixty  feet,  thence  south  across 
lots  3,  2  and  1,  and  parallel  to  the  west  line  of  said  lots,  to  Hall 
street,  thence  west  on  Hall  street  to  a  point  two  hundred 
feet  east  of  the  east  line  of  Sixth  street,  thence  south  and 
parallel  to  said  west  line  of  Sixth  street  across  lots  7,  6  and  5 
to  the  south  line  of  lot  5  block  1  County's  addition,  thence 
west  along  the  south  line  of  lot  5  to  Sixth  street,  thence  west 
across  Sixth  street  to  and  along  Antoine  street  to  the  alley 
dividing  block  14  Robidoux  addition,  thence  south  on  said 
alley  to  the  south  line  of  lot  4  said  block  14,  thence  west  along 
the  south  line  of  said  lot  to  Fifth  street,  thence  north  on  Fifth 
street  to  Antoine  street,  thence  west  on  Antoine  street  to 
Fourth  street,  thence  north  on  Fourth  street  to  Franklin 
street.  [#.  0.  No.  12. 

SEC.  25.  Sewer  district  No.  3. — There  is  hereby 
established  in  the  city  of  St.  Joseph  a  sewer  district  to  be 
known  as  district  No.  3,  bounded  as  follows,  to  wit:  Com- 
mencing on  Francis  street  at  the  alley  dividing  block  49 
Original  Town,  thence  north  on  the  center  line  of  said 
alley  between  Fourth  and  Fifth  streets  to  the  center  of  block 
13  Robidoux's  addition,  thence  east  on  the  south  line  of  lots 
9  and  4  blocks  13  and  14  Robidoux  addition  to  the  center  of 
the  alley  dividing  block  14  Robidoux  addition,  thence  south  on 
the  center  of  said  alley  between  Fifth  and  Sixth  streets  to 
Francis  street,  thence  west  on  Francis  street  to  the  center  of 
said  alley  dividing  block  49  Original  Town.  [G.  O.  No.  7. 


608  GENERAL  ORDINANCES. 

SEC.  26.  Sewer  district  No.  4. — There  is  hereby 
established  in  the  city  of  St.  Joseph  a  sewer  district  to  be 
known  as  district  No.  4,  bounded  as  follows,  to  wit :  Commenc- 
ing at  the  center  line  of  Main  and  Jules  streets,  thence  north  on 
the  center  of  Main  street  to  Antoine  street,  thence  east  on 
Antoine  street  to  Second  street,  thence  north  on  Second  street 
to  Louis  street,  then  east  on  Louis  street  to  Fourth  street, 
thence  south  on  Fourth  street  to  Antoine  street,  thence  east 
on  Antoine  street  to  Fifth  street,  thence  south  on  Fifth  street 
to  the  south  line  of  lot  9,  block  13,  Robidoux  addition,  thence 
west  on  the  south  line  of  said  lot  9,  to  the  alley  dividing  said 
block  13,  between  Fourth  and  Fifth  streets,  thence  south  on 
said  alley  dividing  blocks  13  and  2,  Robidoux  addition  and 
blocks  46  and  47,  Original  Town,  to  Faraon  street,  thence 
west  on  Faraon  street  to  Third  street,  thence  south  on  Third 
street  to  the  south  line  of  lots  10  and  3,  block  28,  Original 
Town,  thence  west  on  south  line  of  said  lots  10  and  3,  block 
28,  Original  Town,  to  Second  street,  thence  south  on  Second 
street  to  Jules  street,  thence  west  on  Jules  street  to  the  center 
of  Jules  and  Main  streets,  or  point  of  beginning.  [6r.  Of 
No.  75. 

SEC.  27.  Sewer  district  No.  5. — The  boundary  line 
of  sewer  district  No.  5  is  hereby  changed  to  the  following 
boundaries  :  Commencing  at  the  center  line  of  Fifteenth  and 
Felix  streets,  thence  north  on  Fifteenth  street  to  Faraon  street, 
thence  east  on  Faraon  street  to  the  center  of  block  8,  Harris' 
addition,  thence  south  along  the  center  line  of  blocks  8,  9  and 
16,  to  the  south  line  of  lot  4,  block  16,  Harris'  addition,  thence 
west  on  the  south  line  of  said  lot  to  Eighteenth  street,  thence 
south  on  Eighteenth  street  to  the  south  line  of  lot  9,  block 
13,  Harris'  addition,  thence  west  on  the  south  line  of 
lots  9  and  10  to  the  south-west  corner  of  said  lot  10,  thence 
south  along  the  west  line  of  lot  7,  in  block  13,  Carter's  addi- 
tion to  Felix  street,  thence  west  on  Felix  street  to  the  center 
line  of  block  19,  Carter's  addition,  thence  south  on  the  center 
of  the  aliey  dividing  block  19,  to  the  south  line  of  lot  4,  in  said 


SEWEKS.  609 

block  19,  thence  west  along  the  south  line  of  said  lot  4,  to  Seven- 
teenth street,  thence  south  on  Seventeenth  street  to  the  south 
line  of  lot  9,  block  21,  Carter's  addition,  thence  west  along  the 
south  line  of  lots  9  and  2,  block  21,  and  lot  6,  block  22,  all  in 
Carter's  addition,  thence  north  on  the  west  line  of  blocks  22 
and  17,  to  Felix  street,  thence  west  on  Felix  street  to  Fifteenth 
street.  [G.  O.  No.  %. 

SEC.  28.  Sewer  district  No.  6. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  6,  bounded  as  follows,  to  wit :  Com- 
mencing at  the  center  line  of  Olive  and  Fifth  streets,  thence 
east  on  the  center  line  of  Olive  street  to  west  line  of  Seventh 
street,  thence  south  on  the  west  line  of  Seventh  street  to  Sen- 
eca street,  thence  west  on  what  would  be  Seneca  alley  if  said 
alley  was  opened  to  Seventh  street,  to  the  west  line  of  lot  4, 
block  3,  St.  Joseph's  Garden  addition,  thence  north  on  west 
line  of  lots  4  and  7,  to  center  of  Lafayette  street,  thence  east 
on  Lafayette  street  to  Fifth  street,  thence  north  on  Fifth  street 
to  center  of  Olive  street,  or  point  of  beginning.  \_G.  0.  No.  30. 

SEC.  29.  Sewer  district  No.  7. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  7,  bounded  as  follows,  to  wit:  Com- 
mencing at  the  center  line  of  Sixth  and  Messanie  streets,  thence 
north  on  Sixth  street  to  the  center  of  Sylvanie  street,  thence 
west  on  Sylvanie  street  to  the  center  of  Fifth  street,  thence 
south  on  Fifth  street  to  the  center  of  Messanie  street,  thence 
east  on  Messanie  street  to  point  of  beginning.  \_G.  O.  No.  Jfl. 

.  SEC.  30.  Sewer  district  No.  8.— There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  8,  bounded  as  follows,  to  wit:  Com- 
mencing at  the  center  line  of  Eighth  and  Messanie  streets, 
thence  north  on  Eighth  street  to  the  center  of  Charles  and 
Eighth  streets,  thence  west  on  Charles  street  to  Seventh  street, 
thence  south  on  the  center  of  Seventh  street  to  the  center  of 


610  GENERAL  ORDINANCES. 

Messanie  street,  thence  east  on  the   center  of   Messanie   street 
to  point  of  beginning.      \_G.   O.  No.  40. 

Sec.  31.  Sewer  district  No.  9. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  9,  bounded  as  follows,  to  wit:  Com- 
mencing at  the  Missouri  river  and  center  line  of  Olive  street, 
thence  east  along  the  center  line  of  Olive  street  to  the  center 
of  block  6  Patee's  addition,  thence  north  along  the  center  line 
of  lot  10  and  the  east  line  of  lots  9  and  11  of  said  block  to  the 
alley  dividing  Cunningham's  addition,  thence  north  along  the 
center  line  of  said  alley  and  of  the  alley  dividing  Bela  M. 
Hughes'  addition,  and  block  7  Stewart's  addition,  to  the  south- 
east corner  of  district  No.  1,  thence  westerly  along  the  south 
line  of  district  No.  1,  to  the  center  of  Eighth  street,  thence 
north  along  the  center  of  Eighth  street  to  the  center  of  Mes- 
sanie street,  thence  west  along  the  center  line  of  Messanie 
street  to  the  Missouri  river,  thence  southerly  along  the  river 
line  to  the  point  of  beginning.  [G.  O.  No.  62. 

SEC.  32.  Sewer  district  No.  1C — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  10,  bounded  as  follows  to  wit:  Com- 
mencing on  Fifth  street  at  a  point  eighty  feet  south  of  the 
south  line  of  Felix  street,  thence  east  on  a  line  parallel  to 
Felix  street  to  the  center  of  the  alley  dividing  blocks  5  and  6 
Smith's  addition,  thence  north  on  the  center  line  of  said  alley 
to  the  center  of  Francis  street,  thence  west  on  the  center  line 
of  Francis  street  to  the  center  of  Fifth  street,  thence  south  on 
the  center  line  of  Fifth  street  to  the  point  of  beginning. 
[G.  O.  No.  59. 

SEC.  33.  Sewer  district  No.  11. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  11,  bounded  as  follows,  to  wit :  Com- 
mencing in  the  alley  dividing  block  5,  Smith's  addition,  at  a 
point  eighty  feet  south  of  the  south  line  of  Felix  street,  thence 
east  on  said  line  and  parallel  to  the  south  line  of  Felix  street, 


SEWERS.  611 

to  the  center  of  Eighth  street,  thence  north  on  Eighth  street 
to  the  center  of  Frederick  avenue,  thence  northeast  along  the 
center  line  of  Frederick  avenue  to  the  center  of  the  alley 
dividing  blocks  22  arid  21,  Smith's  addition,  thence  north  on 
the  center  of  said  alley  to  the  center  of  Jules  street,  thence 
west  on  the  center  of  Jules  street  to  the  center  of  Seventh 
street,  thence  south  on  the  center  of  Seventh  street  to  the  cen- 
ter of  Francis  street,  thence  west  on  the  center  of  Francis 
street  to  the  alley  dividing  block  6,  Smith's  addition,  thence 
south  on  the  center  of  said  alley  to  point  of  beginning.  \_G. 
0.  No.  60. 

SEC.  34.  Sewer  district  No.  12 — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  12,  bounded  as  follows,  to  wit:  Com- 
mencing at  the  center  line  of  Third  and  Messanie  streets, 
thence  north  on  Third  street  to  the  center  of  Charles  street, 
thence  east  on  Charles  street  to  the  center  of  Fifth  street, 
thence  south  on  Fifth  street  to  the  center  of  Messanie  street, 
thence  west  on  Messanie  street  to  the  point  of  beginning. 
[G.  O.  No.  65. 

SEC.  35.  Sewer  district  No.  13. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  13,  bounded  as  follows,  to  wit  :  Com- 
mencing at  the  northwest  corner  of  said  district  at  the  center 
of  Eleventh  and  Francis  streets,  thence  south  on  the  center  of 
Eleventh  street  to  Charles  street,  thence  east  on  the  center  of 
Charles  street  to  Twelfth  street,  thence  south  on  the  center  of 
Twelfth  street  to  Angelique  street,  thence  east  on  the  center 
line  of  Angelique  street  to  Fifteenth  street,  thence  north  on 
the  center  of  Fifteenth  street  to  Sylvanie  street,  thence  east  on 
the  center  of  Sylvanie  street  to  the  alley  dividing  block  25, 
Carter's  addition,  thence  north  on  the  center  of  said  alley  and 
the  west  line  of  lots  3  and  4,  Carter's  addition,  to  the  south- 
east corner  of  Wilson's  addition,  thence  north  on  the  east  line 
of  said  addition  to  Felix  street,  thence  west  on  the  center  of 


612  GENERAL  ORDINANCES. 

Felix  street,  to  Fifteenth  street,  thence  north  on  the  center  of 
Fifteenth  street  to  Francis  street,  thence  west  on  Francis  street 
to  point  of  beginning.  [G.  0.  No.  67. 

SEC.  36.  Sewer  district  No.  14 — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  14,  bounded  as  follows,  to  wit :  Com- 
mencing at  the  center  of  Faraon  and  Twelfth  streets,  thence  east 
on  Faraon  street  to  Thirteenth  street,  thence  north  on  Thirteenth 
street  to  Buchanan  avenue,  thence  east  on  Buchanan  avenue  to 
to  Landis  street,  thence  north  on  the  center  of  Landis  street  to 
the  center  of  the  alley  dividing  block  2,  Landis  and  Hull's 
addition,  thence  east  on  the  center  of  said  alley  to  Hull  street, 
thence  north  on  the  center  of  Hull  street  to  Frederick  avenue, 
thence  west  on  Frederick  avenue  to  the  center  of  Mt.  Mora 
road,  thence  north  on  Mt.  Mora  road  to  the  south  line  of  Mt. 
Mora  cemetery,  thence  west  on  the  south  line  of  Mt.  Mora 
cemetery  to  Thirteenth  street,  thence  south  on  the  center  of 
Thirteenth  street  to  the  center  of  Ridenbaugh  street,  thence 
west  on  the  center  of  Ridenbaugh  street  to  Twelfth  street, 
thence  south  on  the  center  of  Twelfth  street  to  the  point  of 
beginning.  [G.  0.  No.  71. 

SEC.  37.  Sewer  district  No.  15. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  15,  bounded  as  follows,  to  wit : 
Commencing  at  the  center  of  Twelfth  and  Faraon  streets, 
thence  north  on  the  center  of  Twelfth  street  to  Henry  street, 
thence  west  on  the  center  of  Henry  street  to  a  point  one  hun- 
dred and  ninety-two  feet  west  of  the  west  line  of  Twelfth  street, 
thence  south  on  the  line  dividing  lots  6  and  7  and  lots  22  and 
23,  in  block  28,  St.  Joseph  Improvement  addition  to  the  cen- 
ter of  Church  street,  thence  west  on  the  center  of  Church  street 
to  the  center  of  Eleventh  street,  thence  south  on  Eleventh 
street  to  the  center  of  the  alley  dividing  block  32,  St.  Joseph 
Improvement  addition,  thence  west  on  the  center  of  said  alley 
to  the  line  dividing  lots  12  and  13,  in  said  block  32,  thence 


SEWERS.  613 

south  on  said  line  to  the  center  of  Isadore  street,  thence  west 
on  the  center  of  Isadore  street  to  a  point  one  hundred  and  six- 
ty-eight feet  west  of  the  west  line  of  Eleventh  street,  thence 
south  on  said  line  to  a  point  two  hundred  feet  south  of  south 
line  of  Isadore  street,  thence  west  and  parallel  with  the  south 
line  of  Isadore  street  to  the  center  of  Tenth  street,  thence  south 
on  the  center  of  Tenth  street  to  the  line  dividing  lots  2  and  3, 
block  39,  Smith's  addition,  thence  east  on  said  line  to  the  cen- 
ter of  the  alley  running  east  and  west  through  said  block  39, 
and  on  the  center  of  said  alley  to  Eleventh  street,  thence  north 
on  the  center  of  Eleventh  street  to  the  center  of  Jules  street, 
thence  east  on  the  center  of  Jules  street  to  center  of  Twelfth 
street,  thence  north  on  the  center  of  Twelfth  street  to  the 
point  of  beginning.  \_G.  0.  No.  72. 

SEC.  38.  Sewer  district  No.  16. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
Jsnown  as  district  No.  16,  bounded  as  follows,  to  wit :  Com- 
mencing on  the  east  bank  of  the  Missouri  river  at  the  center 
of  Jules  street,  thence  east  on  the  center  of  Jules  street  to  Sec- 
ond street,  thence  north  on  the  center  of  Second  street  to  the 
north  line  of  lots  2  and  11,  block  28,  Original  Town,  thence 
east  on  the  north  line  of  said  lots  to  Third  street,  thence  north 
on  the  center  of  Third  street  to  Faraon  street,  thence  east  on 
the  center  of  Faraon  street  to  Fourth  street,  thence  south  on 
the  center  of  Fourth  street  to  Jules  street,  thence  west  on  the 
center  of  Jules  street  to  Third  street,  thence  south  on  the  cen- 
ter of  Third  street  to  Francis  street,  thence  west  on  Francis 
street  to  Second  street,  thence  south  on  the  center  of  Second 
street  to  Charles  street,  thence  west  on  the  center  of  Charles 
street  to  the  Missouri  river,  thence  northwesterly  along  the 
east  bank  of  said  river  to  point  of  beginning.  \_G.  0.  No.  77. 

SEC.  39.  Sewer  district  No.  17 — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  IT,  bounded  as  follows,  to  wit : 
Commencing  at  the  center  of  Charles  and  Second  streets,  thence 


614  GENERAL  ORDINANCES. 

i 

north  on  the  center  of  Second  street  to  the  center  of  Francis 
street,  thence  east  on  the  center  of  Francis  street  to  the  center 
of  Third  street,  thence  north  on  the  center  of  Third  street  to 
tho  center  of  Jules  street,  thence. east  on  the  center  of  Jules 
street_to  the  center  of  Fourth  street,  thence  south  on  the  cen- 
ter of  Fourth  street  to  the  center  of  Charles  street,  thence  west 
on  the  center  of  Charles  street  to  the  point  of  beginning.  [G. 
O.  No.  92. 

SEC.  40.  Sewer  district  No.  18.— There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  18,  bounded  as  follows,  to  wit: 
Commencing  at  the  center  of  Fourth  and  Charles  streets,  thence 
north  on  Fourth  street  to  the  center  of  Faraon  street,  thence 
east  on  Faraon  street  to  the  center  of  block  48,  Original  Town, 
thence  south  on  the  center  line  of  blocks  48  and  49,  Original 
Town,  to  Francis  street,  thence  east  on  Francis  street  to  the 
center  of  Fifth  street,  thence  south  on  Fifth  street  to  the  south 
line  of  districts  No.  10  and  11,  thence  east  on  said  line  to 
Eighth  street,  thence  south  on  Eighth  street  to  Charles  street, 
thence  west  on  Charles  street  to  point  of  beginning.  [G.  0. 
No.  80. 

SEC.  41.  Sewer  district  No.  19. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  19,  bounded  as  follows,  to  wit : 
Commencing  at  the  center  of  Fifth  and  Charles  streets,  thence 
east  on  the  center  of  Charles  street  to  Seventh  street,  thence 
south  on  the  center  of  Seventh  street  to  Messanie  street,  thence 
west  on  Messanie  to  Sixth  street,  thence  north  on  Sixth  street 
to  Sylvanie  street,  thence  west  on  Sylvanie  street  to  Fifth 
street,  thence  north  on  Fifth  street  to  point  of  beginning. 
[G.  O.  No.  108. 

SEC.  42.  Sewer  district  No.  2O. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
know  as  district  No.  20,  bounded  as  follows,  to  wit  :  Com- 
mencing at  the  center  of  Charles  and  Eighth  streets,  thence 


SEAVERS.  615 

north  on  the  center  of  Eighth  to  the  south  line  of  Felix  street 
and  Frederick  avenue,  thence  northeasterly  on  the  center  of 
Frederick  avenue  to  the  east  line  of  Ninth  street,  thence  east 
on  the  center  line  of  Francis  street  to  center  of  Tenth  street, 
thence  north  on  the  center  of  Tenth  street  to  the  north  line  of 
lot  2,  block  39,  Smith's  addition,  thence  east  along  the  north 
line  of  lot  2,  block  39,  Smith's  addition  and  alley  running  east 
and  west  through  a  portion  of  said  block  39  to  the  center  of 
Eleventh  street,  thence  south  on  the  center  of  Eleventh  street 
to  the  center  of  Charles  street,  thence  west  on  the  center  of 
Charles  street  to  the  place  of  beginning.  [G.  0.  No.  109. 

SEC.  43.  Sewer  district  No.  21. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  district  No.  21,  bounded  as  follows,  to  wit :  Com- 
mencing on  Frederick  avenue  at  the  alley  dividing  block  22, 
Smith's  addition,  thence  north  on  the  center  line  of  said  alley 
dividing  blocks  22  and  21,  Smith's  addition,  to  the  center  of 
Jules  street,  thence  west  on  the  center  line  of  Jules  street 
to  the  alley  dividing  block  IT,  Smith's  addition,  thence  north 
on  the  center  of  said  alley  to  the  center  of  block  IT,  Smith's 
addition,  thence  east  on  the  north  line  of  lot  T.  block  17, 
Smith's  addition,,  to  the  center  of  Eighth  street,  thence  north 
on  the  center  line  of  Eighth  street  to  the  center  of  Faraon 
street,  thence  east  on  the  center  line  of  Faraon  street  to 
the  alley  dividing  block  19,  Smith's  addition,  thence  on  the 
center  line  of  said  alley  to  the  center  of  block  19,  Smith's 
addition,  thence  east  on  the  north  line  of  lot  8,  block  19, 
Smith's  addition,  to  the  center  of  Ninth  street,  thence  north  on 
center  of  Ninth  street  to  the  center  of  Robidoux  street, 
thence  east  on  the  center  of  Robidoux  street  to  the  center 
of  Tenth  street,  thence  south  on  the  center  of  Tenth  street 
to  the  center  of  Francis  street,  thence  west  on  the  center  of 
Francis  street  to  the  center  of  Frederick  avenue,  thence 
southwest  on  the  center  of  Frederick  avenue  to  the  alley  divid- 
ing block  22,  Smith's  addition,  and  point  of  beginning.  [G. 
0.  No.  110. 


616  GENERAL  ORDINANCES. 

SEC.  44.  Sewer  district  No.  22. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  22,  bounded  as  follows,  to  wit : 
Commencing  on  Francis  street  at  the  alley  dividing  block  62, 
Original  Town,  thence  north  on  said  alley  to  the  center  of  An- 
toine  street,  thence  east  on  Antoine  street  to  the  center  of 
Sixth  street,  thence  south  on  Sixth  street  to  a  point  opposite 
the  south  line  of  lot  5,  block  1,  County's  addition,  thence  east 
on  said  line  to  a  point  two  hundred  feet  east  of  the  east  line  of 
Sixth  street,  thence  north  on  a  line  parallel  to  the  east  line  of 
Sixth  street  to  the  center  of  Hall  street,  thence  east  on  Hall 
street  to  a  point  sixty  feet  east  of  the  east  line  of  Seventh  street, 
thence  north  on  the  east  line  of  district  No.  2,  to  the  north  line 
of  lot  2,  block  3  County's  addition,  thence  east  along  the  said 
line  to  the  east  line  of  block  3.  County's  addition,  thence  south 
on  said  line  to  the  north  line  of  Hall  street,  thence  southwest 
to  the  northeast  corner  of  Henry's  addition,  thence  south  on 
the  east  line  of  Henry's  addition  to  the  south  line  of  the  Am- 
mon's  tract,  thence  east  on  said  line  to  the  west  line  of  Ohio's  ad- 
dition, thence  south  on  said  line  and  east  line  of  Bush  tract  to 
Kobidoux  street,  thence  east  on  Robidoux  street  to  the  cen- 
ter of  Ninth  street,  thence  south  on  Ninth  street  to  the  north  line 
of  lot  8,  block  19,  Smith's  addition,  thence  west  on  said  line  to 
the  alley  dividing  block  19,  Smith's  addition,  thence  s'outh  on 
said  alley  to  the  center  of  Faraon  street,  thence  west  on  Faraon 
to  Eighth  street,  thence  south  on  Eighth  street  to  the  north  line 
of  lot  7,  block  17,  Smith's  addition,  thence  west  on  said  north 
line  of  lot  7,  block  17,  Smith's  addition,  to  the  alley  dividing 
block  17,  Smith's  addition,  thence  south  on  said  alley  to  Jules 
street,  thence  west  on  Jules  street  to  Seventh  street,  thence  south 
on  Seventh  street  to  Francis  street,  thence  west  on  Francis  street 
to  point  of  beginning.  \_G.  O.  No.  117. 

SEC.  45.  Sewer  district  No.  23. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  23,  bounded  as  follows,  to  wit  : 


SEWERS.  617 

Commencing  at  Ninth  and  Robidoux  streets,  thence  west  on 
Robidoux  street  to  the  east  line  of  Bush  tract,  thence  north 
along  said  east  line  of  the  Bush  tract  and  west  line  of  Ghio's 
addition  to  the  south  line  of  the  Arnmon's  tract,  thence  west 
on  said  line  to  the  east  line  of  Henry's  addition,  thence  north 
on  the  east  line  of  Henry's  addition  to  the  south  line  of  Hall 
street,  thence  northeast  to  the  southeast  corner  of  lot  1,  block 
3,  County's  addition,  thence  north  on  the  east  line  of  lots  1 
and  2,  block  3,  County's  addition  to  the  north  line  of  lot  2, 
block  3,  County's  addition,  thence  east  on  said  line  to  the  south- 
west corner  of  lot  8,  block  26,  St.  Joseph  Improvement  addi- 
tion, thence  north  on  the  west  line  of  lots  8,  7  and  6,  block  26, 
Improvement  addition  to  the  center  of  alley  dividing  block  26, 
Improvement  addition,  thence  east  on  said  alley  to  the  center 
of  Ninth  street,  thence  north  on  Ninth  street  to  the  center  of 
Corby  street,  thence  east  on  Corby  street  to  a  point  one  hun- 
dred and  forty-four  feet  east  of  the  east  line  of  Ninth  street, 
thence  north  on  the  line  dividing  lots  20  and  21  and  6  and  7, 
block  14.  Improvement  addition,  to  the  center  of  Powell  street, 
thence  east  on  Powell  street  to  the  center  of  Tenth  street, 
thence  north  on  Tenth  street  to  the  alley  dividing  block  10, 
Improvement  addition,  thence  east  through  the  alley  dividing 
blocks  10  and  11,  Improvement  addition,  and  block  6,  Rogers' 
Second  addition,  to  the  west  line  of  Thirteenth  street,  thence 
northeast  to  the  line  dividing  lots  5  and  6,  block  5,  Rogers' 
Second  addition,  thence  east  on  said  line  to  the  west  line  of 
Mt.  Mora  cemetery,  thence  south  on  the  west  line  of  Mt. 
Mora  cemetery  to  the  south  line  of  Mt.  Mora  cemetery, 
thence  west  on  the  north  line  of  district  No.  14  to  the  center 
of  Thirteenth  street,  thence  south  on  Thirteenth  street  to  the 
center  of  Ridenbaugh  street,  thence  west  on  Ridenbaugh  street 
to  the  center  of  Twelfth  street,  thence  south  on  Twelfth  street 
to  the  center  of  Henry  street,  thence  west  on  Henry  street  to 
a  point  one  hundred  and  sixty-two  feet  west  of  the  west  line  of 
Twelfth  street,  thence  south  on  the  line  dividing  lots  6  and  7, 
22  and  23,  block  28,  Improvement  addition,  to  the  center  of 


618  GENERAL  ORDINANCES. 

Church  street,  thence  west  on  Church  street  to  the  center  of 
Eleventh  street,  thence  south  on  Eleventh  street  to  the  center 
of  the  alley  dividing  block  32,  Improvement  addition,  thence 
west  on  said  alley  to  the  line  dividing  lots  12  and  13.  in  said 
block  32,  thence  south  on  said  line  to  the  center  of  Isadore 
street,  thence  west  on  center  of  Isadore  street  to  a  point  one 
hundred  and  sixty-eight  feet  west  of  the  west  line  of  Eleventh 
street,  thence  south  on  a  line  parallel  with  the  west  line  of 
Eleventh  street  to  a  point  two  hundred  feet  south  of  the  south 
line  of  Isadore  street,  thence  west  and  parallel  with  the  south 
line  of  Isadore  street  to  the  center  of  Tenth  street,  thence  south 
on  tenth  street  to  the  center  of  Robidoux  street,  thence  west 
on  Robidoux  street  to  the  center  of  Ninth  street  or  point  of 
beginning.  \_G.  0.  No.  118. 

SEC.  46.  Sewer  district  No.  24. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  24,  bounded  as  follows,  to  wit : 
Commencing  on  Francis  and  Fifteenth  streets,  thence  north  on 
the  center  of  Fifteenth  street  to  the  center  of  Faraon  street, 
thence  east  on  Faraon  street  to  the  center  of  Sixteenth  street, 
thence  north  on  Sixteenth  street  to  the  center  of  Buchanan 
avenue,  thence  southwest  on  Buchanan  avenue  to  the  center  of 
Thirteenth  street,  thence  south  on  Thirteenth  street  to  the  cen- 
ter of  Faraon  street,  thence  west  on  Faraon  street  to  the  cen- 
ter of  Twelfth  street,  thence  south  on  Twelfth  street  to  the  cen- 
ter of  Francis  street,  thence  east  on  Francis  street  to  the  point 
of  beginning.  \_G-.O.  No.  119. 

SEC.  47.  Sewer  district  No.  25. — There,  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  25,  bounded  as  follows,  to  wit : 
Commencing  at  the  alley  between  Third  and  Fourth  on  Frank- 
lin street,  thence  north  on  said  alley  to  Isabel!e  street,  thence 
east  on  Isabelle  street  to  Sixth  street,  thence  south  on  Sixth 
street  to  Lincoln  street,  thence  east  on  Lincoln  street  to  the 
alley  running  north  and  south  through  block  7,  St.  Joseph  Im- 


SEWERS.  619 

provement  addition,  thence  south  on  said  alley  to  the  alley  run- 
ning east  and  west  in  same  block,  thence  east  on  said  alley 
and  the  alley  in  block  8,  in  said  addition  to  Ninth  street,  thence 
south  on  Ninth  street  to  Powell  street,  thence  east  on  Powell 
street  to  the  line  dividing  lots  6  and  7,  20  and  21,  in  block  14,  in 
said  Improvement  addition,  thence  south  on  said  line  to  Corby 
street,  thence  west  on  Corby  street  to  Ninth  street,  thence  south 
on  Ninth  street  to  the  alley  in  block  26,  in  said  Improvement 
addition,  thence  west  on  said  alley  to  the  west  line  of  lots  6,  7 
and  8,  in  said  block  26,  thence  south  on  said  line  to  the  north 
line  of  lot  2,  block  3,  County's  addition,  thence  west  on  said 
line  to  a  point  sixty  feet  east  of  the  east  line  of  Seventh  street, 
thence  north  and  east  on  the  northerly  boundary  of  sewer  dis- 
trict No.  2,  to  the  intersection  of  Fourth  and  Franklin  streets, 
thence  west  on  Franklin  street  to  point  of  beginning.  \_G.  O. 
No.  164. 

SEC.  48.  Sewer  district  No.  26. — The  boundary  line 
of  sewer  district  No.  26  is  hereby  changed  to  the  following 
boundaries  :  Commencing  at  tlie  intersection  of  Frederick 
avenue  and  Mt  Mora  road,  thence  north  on  Mt.  Mora  road 
to  south  line  of  Mt.  Mora  cemetery,  thence  east  on  south 
line  of  cemetery  to  center  of  Seventeenth  street,  thence 
north  on  Seventeenth  street  to  center  of  Jones  street,  thence 
east  on  Jones  street  to  center  of  Eighteenth  street,  thence  south 
on  Eighteenth  street  to  center  of  Frederick  avenue,  thence 
westerly  on  Frederick  avenue  to  center  of  Seventeenth  street, 
thence  south  on  Seventeenth  street  to  alley  dividing  block  3, 
Landis  and  Hull's  addition,  thence  west  on  said  alley  to  center 
of  Hull  street,  thence  north  on  Hull  street  to  center  of  Fred- 
erick avenue,  thence  westerly  on  Frederick  avenue  to  point  of 
beginning.  [G.  O.  No.  235. 

SEC.  49.  Sewer  district  No.  27 — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  27,  bounded  as  follows,  to  wit : 
Commencing  at  the  center  of  Sixteenth  and  Faraon  streets, 


620  GENERAL  ORDINANCES. 

thence  north  on  Sixteenth  street  to  Buchanan  avenue,  thence 
southwest  on  Buchanan  avenue  to  Landis  street,  thence  north 
on  Landis  street  to  alley  between  Buchanan  and  Fred- 
erick avenues,  thence  northeasterly  on  said  alley  to  Seventeenth 
street,  thence  south  on  Seventeenth  street  to  Clay  street,  thence 
east  on  Clay  street  to  the  line  dividing  lots  5  and  6  in  Heden- 
berg's  first  addition,  thence  south  on  said  line,  and  on  lines 
dividing  lots  10  and  22,  11  and  21,  16  and  17,  in  said  addition 
to  Mulberry  street,  thence  west  on  Mulberry  street  to  Twenty- 
first  street,  thence  south  on  Twenty-first  street  to  Faraon  street, 
thence  west  on  Faraon  street  to  Twentieth  street,  thence  south 
on  Twentieth  street  to  Francis  street,  thence  west  on  Francis 
street  to  the  center  line  of  block  9  in  Harris'  addition,  thence 
north  on  center  line  of  said  block  9  and  center  line  of  block  8 
in  said  addition  to  Faraon  street,  thence  west  on  Faraon  street 
to  point  of  beginning.  \_G.  O.  No.  197. 

SEC.  50.  Sewer  district  No.  28. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  28,  bounded  as  follows, *to  wit : 
Commencing  at  the  center  of  Eighth  street  and  Mitchell  ave- 
enue,  thence  north  on  Eighth  street  to  Lafayette  street,  thence 
east  on  Lafayette  street  to  Ninth  street,  thence  south  on  Ninth 
street  to  Mitchell  avenue,  thence  west  on  Mitchell  avenue 
to  point  of  beginning.  \_G.  0.  No.  198. 

SEC.  51.     Sewer    district   No.  29 There  is  hereby 

established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  29,  bounded  as  follows,  to  wit  : 
Commencing  at  the  center  of  Eighth  and  Lafayette  streets, 
thence  north  on  Eighth  street  to  Olive  street,  thence  east  on 
Olive  street  to  the  line  dividing  lots  1  and  2,  block  24,  Fatee's 
addition,  thence  south  on  the  line  between  lots  1  and  2,  17  and 
18,  19  and  20,  and  on  said  line  produced  across  lot  3  to  the 
north  line  of  lot  4,  all  in  said  block  24,  thence  west  on  the 
north  line  of  lot  4  to  the  center  of  Thirteenth  street,  thence 
north  on  Thirteenth  street  to  the  center  of  Lafayette  street, 


SEWERS.  621 

thence  west  on  Lafayette  street  to  Twelfth  street,  thence  north 
on  Twelfth  street  to  the  line  dividing  lots  2  and  3,  block  23, 
Patee's  addition,  thence  west  on  said  line  and  the  line  dividing 
lots  2  and  3,  block  22,  Patee's  addition,  to  Eleventh  street, 
thence  south  on  Eleventh  street  to  Lafayette  street,  thence 
west  on  Lafayette  street  to  the  point  of  beginning.  [G.  O. 
No.  199. 

SEC.  52.  Sewer  district  No.  3O. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  30,  bounded  as  follows,  to  wit : 
Commencing  at  the  center  of  Frederick  avenue  and  Seventeenth 
street,  thence  northeast  on  Frederick  avenue  to  Twenty-second 
street,  thence  south  on  Twenty-second  street  to  Clay  street, 
thence  west  on  Clay  street  to  Seventeenth  street,  thence 
northerly  on  Seventeenth  street  to  point  of  beginning.  [6r. 
0.  No.  WO. 

SEC.  53.  Sewer  district  No.  31. — There  is 'hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  31,  bounded  as  follows,  to  wit : 
Beginning  at  the  intersection  of  Frederick  avenue  and  Twenty- 
second  street,  thence  south  on  Twenty-second  street  to  the 
south  line  of  lot  26,  block  13,  St.  Joseph  Eastern  Extension 
addition,  thence  east  along  said  line  to  the  alley  through  said 
block,  thence  north  on  said  alley  to  the  south  line  of  lot  6,  in 
said  block,  thence  east  along  south  line  of  lot  6,  to  Twenty- 
third  street,  thence  north  on  Twenty:third  street  to  Union  street, 
thence  east  on  Union  street  to  alley  between  Twenty-fourth 
and  Twenty-fifth  streets,  thence  north  along  said  alley  to  Jones 
street,  thence  west  on  Jones  street  to  Frederick  avenue,  thence 
southwest  along  Frederick  avenue  to  point  of  beginning.  [6r. 
O.  No.  374. 

SEC.  54.  Sewer  district  No.  32. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  32,  bounded  as  follows,  to  wit : 
Beginning  at  the  intersection  of  Eighteenth  street  and  Fred- 


622  GENERAL  ORDINANCES. 

erick  avenue,  thence  north  along  Eighteenth  street  to  Jones 
street,  thence  east  along  Jones  street  to  we&t  line  of  Highly's 
addition,  thence  northwesterly  along  said  line  to  the  alley 
through  block  9,  Highly's  addition,  thence  east  along  said  alley 
and  the  alley  through  block  4  of  said  addition,  to  west  line  of 
lot  10  of  said  block  4.  thence  north  along  said  line  to  the  cen- 
ter line  of  Highly  street,  thence  east  along  the  center  line  of 
Highly  street  to  east  line  of  lot  2,  block  3,  Highly's  addition, 
thence  south  along  said  line  and  the  east  line  of  lot  27  in  said 
block  and  the  east  line  of  lots  2  and  27,  block  2,  Highly's  addi- 
tion to  Howard  street,  thence  west  on  Howard  street  to  Twen- 
tieth street,  thence  south  on  Twentieth  street  to  Frederick 
avenue,  thence  southwest  along  Frederick  avenue  to  beginning. 
[G.  0.  No.  376. 

SEC.  55.  Sewer  district  No.  33. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  33,  bounded  as  follows,  to  wit : 
Commencing  at  the  center  of  Sixth  and  Oak  streets,  thence  west 
on  the  center  line  of  Oak  street  to  the  bank  of  the  Missouri 
river,  thence  northeasterly  with  said  river  bank  to  the  center 
line  of  Hickory  street,  thence  east  on  the  center  line  of  Hick- 
ory street  to  center  line  of  Sixth  street,  thence  south  on  center 
line  of  Sixth  street  to  center  line  of  Oak  street  to  the  point  of 
beginning.  [G.  O.  No.  292. 

SEC.  56.  Sewer  district  No.  34.— There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No  34,  bounded  as  follows,  to  wit : 
Beginning  at  the  intersection  of  Frederick  avenue  with  Twen- 
tieth street  from  the  north,  thence  northeasterly  along  the  cen- 
ter line  of  Frederick  avenue  to  the  center  line  of  Jones  street, 
thence  east  along  the  center  line  of  Jones  street  to  the  center 
line  of  Twenty-fifth  street,  thence  north  along  the  center  line 
of  Twenty-fifth  street  to  the  center  line  of  the  alley  through 
block  1,  St.  Joseph  Eastern  Extension  addition,  thence  east 
along  the  center  line  of  said  alley  to  the  east  line  of  said  block 


SEWERS.  623 

1,  thence  continuing  east  and  parallel  with  Frederick  avenue 
to  a  point  due  south  from  the  intersection  of  Frederick  avenue 
with  Ashland  avenue,  thence  north  to  the  intersection  of  said 
avenues,  thence  northeasterly  along  the  center  line  of  Ashland 
avenue  to  the  center  line  of  Folsom  street,  thence  northwest- 
erly along  the  center  line  of  Folsom  street  to  the  center  line  of 
the  first  alley  lying  west  of  and  parallel  with  Ashland  avenue, 
thence  west  along  the  center  line  of  Folsom  street  to  the  cen- 
ter line  of  Roberts  avenue,  thence  north  along  the  center  line 
of  Roberts  avenue  to  the  center  line  of  the  alley  between  Dela- 
ware and  Folsom  streets,  thence  west  along  the  center  line  of 
said  alley  to  the  center  line  of  the  first  alley  east  of  and  paral- 
lel with  Twenty-sixth  street,  thence  north  along  the  center  line 
of  said  alley  to  the  center  line  of  Delaware  street,  thence  west 
along  the  center  line  of  Delaware  street  to  the  east  line  of  the 
west  half  of  the  southeast  quarter  of  section  4,  township  57, 
range  35,  thence  west  and  parallel  with  the  south  line  of  the 
west  half  of  the  southeast  quarter  of  said  section  4,  a  distance 
of  five  hundred  and  sixty  feet,  thence  south  and  parallel  with 
the  east  line  of  the  west  half  of  southeast  quarter  of  said  sec- 
tion 4,  a  distance  of  two  hundred  and  seventy-six  feet,  thence 
west  and  parallel  with  the  south  line  of  the  west  half  of  south- 
east quarter  of  said  section  4  to  the  center  line  of  Twenty-sec- 
ond street,  thence  south  along  the  center  line  of  Twenty-second 
street  to  the  center  line  of  the  alley  through  block  6,  Carbry's 
addition,  thence  west  along  the  center  line  of  said  alley  to  a 
point  one  hundred  and  sixty  feet  west  of  Twenty-second  street, 
thence  south  and  parallel  with  Twenty-second  street  to  the  cen- 
ter line  of  Beattie  street,  thence  west  along  the  center  line  of 
Beattie  street  to  a  point  opposite  the  line  separating  lots  9  and 
10,  block  3,  Carbry's  addition,  thence  south  along  said  line  to 
the  center  line  of  the  alley  through  block  3,  Carbry's  addition, 
thence  west  along  the  center  line  of  said  alley  to  a  point  oppo- 
site the  line  separating  lots  28  and  29,  block  3,  Carbry's  addi- 
Ion,  thence  south  along  said  line  to  the  center  line  of  Highly 
reet,  thence  west  along  the  center  line  of  Highly  street  to  the 
. 


624  GENERAL  ORDINANCES. 

line  dividing  lots  2  and  3,  block  3,  Highly's  addition,  thence 
south  along  said  division  line  and  the  line  dividing  lots  26  and 
27,  of  the  same  block,  and  the  line  dividing  lots  2  and  3  and 
dividing  lots  26  and  27,  of  block  2,  Highly's  addition,  to  the 
center  line  of  Howard  street,  thence  west  along  the  center  line 
of  Howard  street  to  the  center  line  of  Twentieth  street,  thence 
south  along  the  center  line  of-  Twentieth  street  to  the  point  of 
beginning.  [#.  O.  No.  430. 

SEC.  57.  Sewer  district  No.  35. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  35,  bounded  as  follows,  to  wit: 
Commencing  at  the  intersection  of  the  center  line  of  Seneca 
street  and  the  center  line  of  the  alley  dividing  blocks  81  and 
88,  Patee's  addition,  thence  north  on  center  line  of  said  alley 
to  center  line  of  Olive  street,  thence  west  on  the  center  line  of 
Olive  street  to  the  center  line  of  Seventeenth  street  north, 
thence  north  .on  the  center  line  of  Seventeenth  street  to  the 
center  line  of  Messanie  street,  thence  east  on  center  line  of 
Messanie  street  to  center  line  of  Eighteenth  street  south,  thence 
south  on  center  line  of  Eighteenth  street  to  center  line  of  east 
and  west  alley  through  block  1,  Hall's  Second  addition,  thence 
east  on  center  line  of  said  alley  to  center  line  of  Nineteenth 
street,  thence  south  on  center  line  of  Nineteenth  street  to  cen- 
ter line  of  Olive  street,  thence  east  on  center  line  of  Olive 
street  to  center  line  of  Patee  avenue,  thence  southwest  on 
center  line  of  Patee  avenue  to  center  line  of  Seneca  street, 
thence  west  on  center  line  of  Seneca  street  to  center  line  of 
alley  dividing  blocks  81  and  88,  Patee's  addition,  being'  the 
point  of  beginning.  [G.  0.  No.  323. 

SEO.  58.  Sewer  district  No.  36. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  36,  bounded  as  follows,  to  wit: 
Commencing  at  the  intersection  of  the  center  line  of  Messanie 
street  with  the  center  line  of  Nineteenth  street,  thence  south 
on  the  center  line  of  Nineteenth  street  to  the  center  line  of 


SEWERS.  625 

Olive  street,  thence  east  on  the  center  line  of  Olive  street  to  a 
point  opposite  the  center  line  of  block  8,  Hall's  Second  addi- 
tion, thence  north  on  the  center  line  of  said  block  8  produced 
to  the  center  of  the  north  line  of  lot  14,  block  3,  Hall's  Second 
addition,  thence  east  on  the  north  line  of  said  lot  14  to  the 
center  of  lot  13  in  same  block,  thence  north  on  the  center  line 
of  lots  13,  12,  11  and  10  of  same  block,  to  the  north  line  of 
said  lot  10,  thence  west  on  the  north  line  of  said  lot  10  to  the 
east  line  of  Warsaw  avenue,  thence  north  on  the  east  line  of 
Warsaw  avenue  produced  to  the  center  line  of  Messanie  street, 
thence  west  on  the  center  line  of  Messanie  street  to  the  center 
line  of  Nineteenth  street,  the 'point  of  beginning.  \_G.  0. 
No.  3^. 

SEC.  59.  Sewer  district  No.  37. — There  is  hereby 
established  in  the  city  of  St..  Joseph,  -a  sewer  district  to  be 
known  as  sewer  district  No.  37,  bounded  as  follows,  to  wit : 
Beginning  at  the  intersection  of  the  center  line  of  Fifteenth 
street  with  the  center  line  of  Locust  street,  thence  northwest 
to  the  southeast  corner  of  lot  14,  block  6,  Stewart's  addition, 
thence  west  on  the  south  line  of  said  lot  14  to  its  southwest 
corner,  thence  north  on  the  east  line  of  the  alley  in  block  6, 
Stewart's  addition,  to  a  point  opposite  the  south  line  of  lot  7, 
in  block  6,  just  aforesaid,  thence  west  on  the  south  line  of  said 
lot  7  to  the  center  line  of  Fourteenth  street,  thence  north  to  a 
point  opposite  the  south  line  of  lot  12,  block  7,  Stewart's  addi- 
tion, thence  west  on  the  south  line  of  said  lot  12  to  the  center  line 
of  the  alley  in  block  7,  just  aforesaid,  thence  north  to  the  cen- 
ter line  of  Messanie  street,  thence  west  to  the  center  line  of 
Twelfth  street,  thence  north  to  the  center  line  of  Angelique 
street,  thence  east  to  the  center  line  of  Fifteenth  street,  thence 
north  to  the  center  line  of  Sylvanie  street,  thence  east  to  the 
center  line  of  the  alley  between  Fifteenth  and  Sixteenth  streets, 
thence  north  to  the  center  line  of  Charles  street,  thence  west  to 
a  point  opposite  the  west  line  of  lot  3,  block  22,  Carter's  addi- 
tion, thence  north  on  the  west  line  of  lots  3,  4  and  5  of  said 
()ck  22,  to  the  north  line  of  lot  5,  thence  east  along  its  north 


626  GENERAL  ORDINANCES. 

line  and  the  north  line  of  lots  3  and  8,  block  21,  Carter's  addi- 
tion, to  the  center  line  of  Seventeenth  street,  thence  south  to 
the  center  line  of  Sylvanie  street,  thence  east  to  the  center  line 
of  Nineteenth  street,  thence  south  to  the  center  line  of  the 
alley  first  south  of  Messanie  street,  thence  west  to  the  center 
line  of  Eighteenth  street,  thence  north  to  the  center  line  of 
of  Messanie  street,  thence  west  to  the  center  line  of  Seven- 
teenth street  south,  thence  southwest  to  the  southwest  corner  of 
Seventeenth  street,  thence  west  along  the  south  line  of  Messanie 
street  to  the  alley  between  Sixteenth  and  Seventeenth  streets, 
thence  northwest  to  the  intersection  of  the  center  line  of  said 
alley  with  the  center  line  of  Messanie  street,  thence  southwest 
to  the  southwest  corner  of  said  alley,  thence  west  along  the 
south  line  of  Messanie  street  to  Sixteenth  street,  thence  north- 
west to  the  intersection  of  the  center  lines  of  Sixteenth  and 
Messanie  streets,  thence  southwest  to  the  southwest  corner  of 
Sixteenth  street,  thence  west  on  the  south  line  of  Messanie 
street  to  the  alley  between  Fifteenth  and  Sixteenth  streets, 
thence  northwest  to  the  intersection  of  the  center  line  of  said 
alley  with  the  center  line  of  Messanie  street,  thence  southwest 
to  the  southwest  corner  of  said  alley,  thence  west  on  the  south 
line  of  Messanie  street  to  the  east  line  of  Fifteenth  street, 
thence  south  to  the  north  line  of  Locust  street,  thence  south- 
west to  the  point  of  beginning.  [6r.  O.  No.  46%- 

SEC.  60.  Sewer  district  No.  38. — There  is  hereby 
established  in  the  city  of  St.  Joseph  a  sewer  district  to  be 
known  as  sewer  district  No.  38,  bounded  as  follows,  to  wit: 
Commencing  at  the  intersection  of  the  center  line  of  Nine- 
teenth street  with  the  center  line  of  Sylvanie  street,  thence 
west  on  the  center  line  of  Sylvanie  street  to  a  point  opposite 
the  center  line  of  block  25  Harris'  addition,  thence  north  on 
the  center  line  of  blocks  25,  24,  17  and  16,  Harris'  addition, 
produced  to  the  center  line  of  Francis  street,  thence  east  on 
the  center  line  of  Francis  street  to  a  point  opposite  the  center 
line  of  block  15  Harris'  addition,  thence  south  on  the  center 
line  produced  of  blocks  15,  18  and  23,  Harris'  addition,  to  a 


SEWEKS.  627 

point  opposite  the  north  line  of  lot  7  block  23,  Harris'  addition, 
thence  east  on  the  north  line  of  said  lot  7  produced  to  the  cen- 
ter line  of  Twentieth  street,  thence  south  on  the  center  line  of 
Twentieth  street  to  the  center  line  of  Messanie  street,  thence 
west  on  the  center  line  of  Messanie  street  to  the  center  line  of 
Nineteenth  street,  thence  north  on  the  center  line  of  Nineteenth 
street  to  the  center  line  of  Sylvanie  street,  the  point  of  begin- 
ning. [6r.  0.  No.  326. 

SEC.  61.  Sewer  district  No.  39. — There  is  hereby 
established  in  the  city  of  St.  Joseph  a  sewer  district  to  be 
known  as  sewer  district  No.  39,  bounded  as  follows,  to  wit: 
Commencing  at  the  intersection  of  the  center  line  of  Seven- 
teenth street  with  the  center  line  of  Sylvanie  street,  thence 
north  on  the  center  line  of  Seventeenth  street  to  a  point  oppo- 
site the  north  line  of  lot  5  block  19,  Carter's  addition,  thence 
east  on  the  north  line  produced  of  said  lot  5  to  the  center  line 
of  north  and  south  alley  through  block  19,  Carter's  addition, 
thence  north  on  center  line  of  said  alley  to  center  line  of  Felix 
street,  thence  east  on  center  line  of  Felix  street  to  a  point 
opposite  the  west  line  of  lot  7  block  13.  Carter's  addition, 
thence  north  on  the  west  line  produced  of  said  lot  7  to  the 
north  line  of  east  and  west  alley  in  block  13,  Carter's  addition, 
thence  east  along  the  south  line  of  said  alley  produced  to  cen- 
ter line  of  Eighteenth  street,  thence  north  on  center  line  of 
Eighteenth  street  to  a  point  opposite  the  north  line  of  lot  3, 
block  16,  Harris'  addition,  thence  east  on  the  north  line  pro- 
duced of  said  lot  3  to  the  center  line  of  block  16,  Harris'  addi- 
tion, thence  south  on  the  center  line  of  blocks  16,  17,  2±  and 
25,  Harris'  addition,  produced  to  center  line  of  Sylvanie  street, 
thence  west  on  center  line  of  Sylvanie  street  to  the  center  line 
of  Seventeenth  street,  the  point  of  beginning.  [6r.  0.  No.  327. 

SEC.  62.  Sewer  district  No.  4O — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  40,  bounded  as  follows,  to  wit  : 
Commencing  at  the  intersection  of  the  center  line  of  Isabelle 


628  GENERAL  ORDINANCES. 

street  with  the  center  line  of  alley  through  block  55,  Robidoux 
addition,  thence  west  along  the  center  line  of  Isabelle  street  to 
the  center  of  Levee  street,  thence  north  along  the  center  line 
of  Levee  street  to  the  south  line  of  St.  Joseph  Extension  addi- 
tion, thence  westerly  along  the  south  line  of  said  addition  to 
center  line  of  alley  through  blocks  1  and  8,  addition  last  afore- 
said, thence  north  along  the  center  line  of  said  alley  to  center 
line  of  Linn  street,  thence  east  along  the  center  line  of  Linn 
street  to  the  center  line  of  Main  street,  thence  south  along  the 
center  line  of  Main  street  to  the  center  line  of  Cherry  street, 
thence  east  on  the  center  line  of  Cherry  street  to  the  center 
line  of  the  alley  in  block  4,  St.  Joseph  Extension  addition, 
and  block  62,  Robidoux  addition,  thence  south  along  the  center 
line  of  said  alley  to  the  center  line  of  Isabelle  street,  the  point 
of  beginning.  \_G.  0.  No.  318. 

SEC.  63.  Sewer  district  No.  41 — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  41,  bounded  as  follows,  to  wit: 
Commencing  at  the  center  of  Louis  street  on  the  center  line  of 
Second  street,  thence  north  on  Second  street  to  the  center  line 
of  Franklin  street,  thence  east  on  Franklin  street  to  the  center 
line  of  Fouith  street,  thence  south  on  Fourth  street  to  the  cen- 
ter line  of  Louis  street,  thence  west  on  Louis  street  to  the  cen- 
ter line  of  Second  street,  the  point  of  beginning.  [G.  O. 
No. 


SEC.  64.  Sewer  district  No.  42. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  42,  bounded  as  follows,  to  wit : 
Commencing  at  the  intersection  of  the  center  lines  of  Main 
and  Antoine  streets,  thence  north  on  Main  street  to  the  center 
line  of  Franklin  street,  thence  east  on  Franklin  street  to  the 
center  line  of  Second  street,  thence  south  on  Second  street  to 
the  center  line  of  Antoine  street,  thence  west  on  Antoine  street 
to  the  center  line  of  Main  street,  the  point  of  beginning.  \_G. 
O.  No. 


SEWERS.  629 

SEC.  65.  Sewer  district  No.  43. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  43,  bounded  as  follows,  to  wit : 
Beginning  at  intersection  of  center  lines  of  Short  and  Isabelle 
streets,  thence  north  on  center  line  of  Short  street  to  center 
line  of  Albemarle  street,  thence  westerly  on  center  line  of  Al- 
bemarle  street  to  center  line  of  Third  street,  thence  north  on 
center  line  of  Third  street  to  a  point  opposite  the  north  line  of 
lot  11,  block  4,  St.  Joseph  Extension  addition,  thence  west  on 
the  north  line  of  said  lot  11  produced  to  center  line  of  alley 
dividing  said  block  4,  thence  south  on  center  line  of  said  alley 
to  north  line  of  Kobidoux  addition,  thence  westerly  on  north 
line  of  Robidoux  addition  to  center  line  of  alley  running  north 
and  south  through  blocks  62  and  55,  Robidoux  addition,  thence 
south  on  the  center  line  of  said  alley  to  the  center  line  of  Isa- 
belle street,  thence  east  on  center  line  of  Isabelle  street  to  cen- 
ter line  of  Short  street,  the  point  of  beginning.  [G.  O.  No.  339. 

SEC.  66.  Sewer  district  No.  44. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  44,  bounded  as  follows,  to  wit : 
Commencing  at  the  intersection  of  the  center  lines  of  Third  and 
Linn  streets,  thence  north  on  the  center  line  of  Third  street  to 
the  center  line  of  Highland  avenue,  thence  west  on  the  center 
line  of  Highland  avenue  to  the  center  line  of  Second  street, 
thence  south  on  the  center  line  of  Second  street  to  the  center 
line  of  Linn  street,  thence  east  on  the  center  line  of  Linn  street 
to  the  center  line  of  Third  street  the  point  of  beginning.  [G. 
O.  No.  340. 

SEC.  67.  Sewer  district  NO.  45. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  45,  bounded  as  follows,  to  wit : 
Commencing  at  the  intersection  of  the  center  lines  of  Third 
and  Albemarle  streets,  thence  north  on  center  line  of  Third 
street  to  a  point  opposite  the  north  line  of  lot  11,  block  4,  St. 
Joseph  Extension  addition,  thence  west  on  the  north  line  of 


630  GENERAL  ORDINANCES. 

said  lot  11,  produced  to  the  center  line  of  the  north  and  south 
alley  dividing  block  4,  aforesaid,  thence  north  on  center  line 
of  said  alley  to  center  line  of  Cherry  street,  thence  west  on  cen- 
ter line  of  Cherry  street  to  center  line  of  Main  street,  thence 
north  on  center  line  of  Main  street  to  center  line  of  Linn  street, 
thence  east  on  center  line  of  Linn  street  to  center  line  of  Mid- 
dleton  street,  thence  southeast  on  center  line  of  Middleton 
street  to  the  center  line  of  Albemarle  street,  thence  westerly 
on  the  center  line  of  Albemarle  street  to  the  center  line  of 
Third  street,  the  point  of  beginning.  [G.  O.  No.  31^1. 

SKC.  68.  Sewer  district  No.  46.— There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  46,  bounded  as  follows,  to  wit  : 
Beginning  on  the  center  line  of  Patee  avenue  opposite  the 
dividing  line  between  lots  3  and  4,  block  90,  Patee's  addition, 
thence  southeasterly  with  said  dividing  line  to  the  center  line  of 
Lafayette  street,  thence  east  on  Lafayette  street  to  a  point  op- 
posite the  east  line  of  Kost's  addition,  thence  south  on  the  east 
line  of  Host's  addition  to  the  center  of  Seneca  street,  thence  in 
a  straight  line  to  the  intersection  of  the  center  lines  of  Twenty- 
sixth  and  Seneca  streets,  thence  north  on  Twenty-sixth  street 
to  the  center  line  of  the  alley  between  Olive  and  Lafayette 
streets,  thence  west  on  the  center  line  of  said  alley  to  a  point 
opposite  the  west  line  of  lot  7,  block  1,  Hermann's  addition, 
thence  north  on  the  west  line  of  lot  7  produced  to  the  center 
line  of  Olive  street,  thence  west  on  the  center  line  of  Olive 
street  to  the  center  line  of  Twenty-fourth  street,  thence  north 
on  Twenty-fourth  street  to  a  point  opposite  the  north  line  of 
lot  15,  block  5,  Hermann's  addition,  thence  west  on  the  north 
line  of  said  lot  15  and  the  north  line  of  lot  14,  block  2,  Hall's 
Third  addition,  produced  to  the  center  line  of  the  north  and 
south  alley  through  block  2,  of  Hall's  Third  addition  and  block 
5,  Hermann's  addition,  thence  along  the  center  line  of  said  alley 
to  the  north  line  of  Hermann  avenue,  thence  southwesterly 
along  the  north  line  of  Hermann  avenue  to  the  center  line  of 


SEWERS.  631 

Twenty-second  street,  thence  north  on  the  center  line  of  Twen- 
ty-second street  to  the  center  line  of  Fatee  avenue,  thence 
southwest  on  the  center  line  of  Patee  avenue  to  the  point  of 
beginning.  [G.  0.  No. 


SEC.  69.  Sewer  district  No.  47. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  47,  to  be  bounded  as  follows,  to 
wit:  Beginning  at  the  intersection  of  the  center  lines  of 
Twenty-sixth  street  and  the  alley  between  Lafayette  and  Olive 
streets,  thence  south  on  Twenty-sixth  street  to  the  center  line 
of  the  alley  between  Seneca  and  Fenn  streets,  thence  east  on 
said  alley  to  the  eastern  limits  of  the  city,  thence  north  along 
said  limits  to  the  center  line  of  the  alley  between  Lafayette 
And  Olive  streets,  thence  west  on  said  alley  to  the  center  line 
of  Twenty-sixth  street,  the  point  of  beginning.  [G.  O. 
No.  337. 

SEC.  70,  Sewer  district  No.  48. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  48,  bounded  as  follows,  to  wit: 
Beginning  at  the  intersection  of  the  center  lines  of  Short  and 
Isabelle  streets,  thence  north  on  the  center  line  of  Short  street 
to  the  center  line  of  Albemarle  street,  thence  east  on  the  cen- 
ter line  of  Albemarle  street  to  the  center  line  of  Middleton 
street,  thence  in  a  straight  line  to  the  southwest  corner  of  lot 
2,  block  71,  St.  Joseph  Extension  addition,  thence  easterly 
along  the  north  line  of  Albemarle  street  to  the  east  line  of 
Ninth  street  and  continuing  easterly  along  the  same  line  pro- 
duced to  the  east  line  of  Tenth  street,  thence  south  on  the  east 
line  of  Tenth  street  to  the  south  line  of  Lincoln  street,  thence 
west  on  the  south  line  of  Lincoln  street  to  the  east  line  of 
Ninth  street,  thence  south  on  the  east  line  of  Ninth  street  to  a 
point  opposite  the  east  and  west  alley  through  block  8,  St. 
Joseph  Improvement  addition,  thence  west  along  said  alley 
and  the  east  and  west  alley  block  7,  addition  just  aforesaid,  to 
the  north  and  south  alley  through  said  block  7,  thence  north 


632  GENERAL  ORDINANCES. 

on  said  alley  to  Lincoln  street,  thence  east  on  Lincoln  street  to 
Sixth  street,  thence  north  on  Sixth  street  to  Isabelle  street, 
thence  west  on  Isabelle  street  to  Short  street,  the  point  of 
beginning.  [#.  0.  No.  366. 

SEC.  71.  Sewer  district  No.  49. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  49,  to  be  bounded  as  follows,  to 
wit:  Beginning  at  the  east  bank  of  the  Missouri  river  on  the 
center  line  of  Jules  street,  thence  east  along  the  center  line  of 
Jules  street  to  the  east  line  of  Levee  street,  thence  north  along 
the  east  line  of  Levee  street  to  the  south  line  of  Isadore  street, 
thence  east  along  the  south  line  of  Isadore  street  to  the  center 
line  of  Main  street,  thence  north  along  the  center  line  of  Main 
street  to  the  center  line  of  Franklin  street,  thence  west  long, 
the  center  line  of  Franklin  street  to  the  east  line  of  Levee 
street,  thence  south  along  the  east  line  of  Levee  street  to  the 
south  line  of  lot  4,  block  23,  Robidoux  addition,  thence  west 
and  along  the  north  line  of  lot  10,  block  22,  Robidoux  addition, 
to  th'e  east  line  of  the  alley  dividing  said  block  22,  thence 
north  along  the  east  line  of  said  alley  to  the  center  line  of 
Michel  street,  thence  west  along  the  center  line  of  Michel 
street  to  the  center  line  of  the  alley  between  water  and  Belle- 
vue  streets,  thence  south  along  the  center  line  of  said  alley  to 
the  center  line  of  Antoine  street,  thence  east  along  the  center 
line  of  Antoine  street  to  the  center  line  of  Water  street,  thence 
south  along  the  center  line  of  Water  street  to  the  east  bank  of 
the  Missouri  river,  thence  southeasterly  along  the  east  bank  of 
the  Missouri  river  to  the  center  line  of  Jules  street,  the  point 
of  beginning.  [G.  O.  No.  364. 

SEC.  72.  Sewer  district  No.  5O. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  50,  bounded  as  follows,  to  wit : 
Commencing  at  the  intersection  of  Linn  and  Second  streets, 
thence  west  along  Linn  street  to  the  alley  between  Levee  and 
Water  streets,  thence  north  along  the  alley  between  Water  and 


SEWERS.  633 

Levee  streets  to  St.  Paul  street,  thence  east  along  St.  Paul 
street  to  the  alley  between  Levee  and  Main  streets,  thence 
south  along  the  alley  between  Levee  and  Main  streets  to  Market 
street,  thence  east  along  Market  street  to  Second  street,  thence 
south  along  Second  street  to  Linn  street,  the  point  of  begin- 
ning. [G.  0.  No.  384. 

SEC.  73.  Sewer  district  No.  51. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  51,  bounded  as  follows,  to  wit : 
Commencing  at  the  intersection  of  Third  and  Middleton  streets, 
thence  north  along  Third  street  to  Dolman  street,  thence  east 
along  Dolman  street  to  Fourth  street,  thence  south  along 
Fourth  street  to  the  south  line  of  St.  Paul  street,  thence  east 
along  the  south  line  of  St.  Paul  street  to  Washington  avenue, 
thence  southeast  along  Woodson  street  to  the  alley  between 
Washington  and  Savannah  avenues,  thence  northeast  along  said 
alley  to  Jefferson  street,  thence  southeast  along  Jefferson  street 
to  Savannah  avenue,  thence  northeast  along  Savannah  avenue 
to  a  point  half  way  between  Jefferson  and  Fil'lmore  streets, 
thence  southeast  along  a  line  half  way  between  Jefferson  and 
Fillmore  streets  to  Blacksnake  creek,  thence  southerly  along 
the  meanderings  of  said  creek  to  Middleton  street,  thence  north- 
west along  Middleton  street  to  Third  street,  the  point  of  begin- 
ning. \G.  0.  No.  383. 

SEC.  74.  Sewer  district  No.  52. — There  is  hereby 
established  in  the  city  of  St.  Joseph  a  sewer  district  to  be 
known  as  sewer  district  No.  52,  bounded  as  follows,  to 
wit:  Commencing  at  Blacksnake  creek  on  the  south  line  of 
block  1,  Pinger's  addition,  thence  east  along  said  south  line  to 
the  west  line  of  lot  7,  block  65,  St.  Joseph  Extension  addition, 
thence  south  along  said  line  and  the  west  line  of  lot  9  block 
66  addition  just  aforesaid,  to  the  middle  of  lot  9,  thence  east 
along  the  south  line  of  the  north  half  of  lots  9  and  10,  block 
last  aforesaid,  to  the  east  line  of  lot  10,  thence  south  along  the 
east  line  of  lot  10  to  the  center  line  of  Woodson  street,  thence 


634  GENEEAL  ORDINANCES. 

east  along  the  center  line  of  Woodson  street  to  the  west  line 
of  lot  24,  block  67,  St.  Joseph  Extension  addition,  thence  south 
along  the  west  line  of  lot  24  to  the  alley  through  said  block, 
thence  east  along  said  alley  to  the  west  line  of  lot  19  in  the 
same  block,  thence  south  along  the  west  line  of  said  lot  19  and 
the  west  line  of  lots  23,  and  20,  block  68,  addition  last  afore- 
said, to  the  center  line  of  Pendleton  street,  thence  east  to  the 
center  line  of  Tenth  street,  thence  south  to  the  alley  between 
Lincoln  and  Powell  streets,  thence  east  along  said  alley  to  the 
west  line  of  Thirteenth  street,  thence  in  a  straight  line  to  the 
southwest  corner  of  lot  6,  block  5,  Rogers'  Second  addition, 
thence  east  along  the  south  line  of  said  lot  6  to  the  east  line  of 
said  addition,  thence  north  along  the  east  line  of  said  addition 
to  Highly  street,  thence  west  on  Highly  street  to  Thirteenth 
street,  thence  north  on  Thirteenth  street  to  Heuschle  avenue 
(or  the  east  fork  of  Blacksnake  creek),  thence  westerly  on 
Heuschle  avenue  to  Twelfth  street,  thence  north  on  Twelfth 
street  to  Grand  avenue,  thence  west  along  Grand  avenue  to 
Blacksnake  creek,  thence  south  along  Blacksnake  creek  to  the 
point  of  beginning.  [G.  0.  No.  527. 

SEC.  75.  Sewer  district  No.  53. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  53,  to  be  bounded  as  follows,  to 
wit :  Beginning  on  the  center  line  of  Mitchell  avenue  at  the 
east  line  of  the  alley  between  Eleventh  and  Twelfth  streets, 
thence  south  on  said  alley  to  the  center  line  of  Monterey  street, 
thence  east  on  Monterey  street  to  the  west  line  of  Thirteenth 
street,  thence  south  along  the  west  line  of  Thirteenth  street  to 
the  line  between  lots  9  and  10,  block  2,  Goodlive's  addition, 
thence  east  along  said  division  line  to  the  west  line  of  Four- 
teenth street,  thence  south  along  Fourteenth  street  to  the  south 
line  of  lot  1,  block  1,  K.  W.  Donnell  addition,  thence  east 
along  said  south  line  to  the  west  line  of  lot  5  of  same  block  and 
addition,  thence  south  along  the  west  line  of  said  lot  5  to  the 
south  line  of  said'  lot,  thence  east  along  said  south  line  to  the 
center  line  of  Sixteenth  street,  thence  north  along  Sixteenth 


SEWERS.  635 

street  to  the  north  line  of  Duncan  street,  thence  west  along 
Duncan  street  to  the  east  line  of  the  north  and  south  alley 
through  block  55,  Patee's  addition,  thence  north  along  said 
alley  to  the  center  line  of  Sacramento  street,  thence  east  along 
Sacramento  street  to  the  center  line  of  Sixteenth  street,  thence 
north  along  Sixteenth  street  to  the  center  line  of  Mitchell 
avenue,  thence  west  along  Mitchell  avenue  to  the  alley  between 
Eleventh  and  Twelfth  streets,  the  point  of  beginning.  \_G.  0. 
No.  395. 

SEC.  76.  Sewer  district  No.  54. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  54,  bounded  as  follows,  to  wit  : 
Commencing  on  the  south  line  of  Mitchell  avenue  at  the  cen- 
ter line  of  Sixteenth  street,  thence  east  on  the  south  line  of 
Mitchell  avenue  to  the  west  line  of  the  alley  between  Sixteenth 
and  Seventh  streets, thence  south  on  said  west  line  to  the  line 
between  lots  IT  and  18,  block  57,  Patee's  addition,  thence  east 
on  said  division  line  and  the  line  between  lots  5  and  6  and  be- 
tween lots  17  and  18,  block  58,  and  between  lots  5  and  6, 
block  59,  Patee's  addition,  to  the  west  line  of  the  alley  between 
Eighteenth  and  Nineteenth  streets,  thence  south  to  the  line 
between  lots  19  and  20,  of  block  59,  aforesaid,  thence  east  on 
said  division  line  to  the  west  line  of  Nineteenth  street,  thence 
south  on  the  west  line  of  Nineteenth  street  to  a  point  opposite 
the  line  dividing  lots  1  and  2,  of  block  60,  Patee's  addition, 
thence  east  along  said  division  line  to  the  west  line  of  the  alley 
between  Nineteenth  and  Twentieth  streets,  thence  south  to  the 
north  line  of  Sacramento  street,  thence  east  to  the  west  line  of 
Twentieth  street,  thence  south  to  the  center  line  of  Monterey 
street,  thence  east  to  a  point  one  hundred  and  twenty  feet  east 
of  Twentieth  street,  thence  south  and  parallel  with  Twentieth 
street  to  the  center  line  of  Duncan  street,  thence  west  on  Dun- 
can street  to  the  center  line  of  Twentieth  street,  thence  south  on 
Twentieth  street  to  the  center  line  of  Doniphan  avenue,  thence 
west  along  the  center  line  of  Doniphan  avenue  to  a  point  one 
hundred  and  seventy  feet  west  of  the  west  line  of  Donnell 


636  GENERAL  ORDINANCES. 

Park  addition,  thence  north  one  hundred  and  sixty  feet,  thence 
west  and  parallel  with  Duncan  street  eight  hundred  and  ten 
feet,  thence  south  two  hundred  and  sixty-five  feet,  thence  west 
to  the  center  line  of  Sixteenth  street,  thence  north  along  Six- 
teenth street  to  the  north  line  of  Duncan  street,  thence  west 
along  Duncan  street  to  the  east  line  of  the  north  and  south 
alley  through  block  55,  Patee's  addition,  thence  north  along 
said  alley  to  the  center  line  of  Sicramento  street,  thence  east 
along  Sacrameuto  street  to  the  center  line  of  Sixteenth  street, 
thence  north  along  Sixteenth  street  to  the  south  line  of  Mitch- 
ell avenue,  the  point  of  beginning.  [Gr.  O.  No. 


SEC.  77.  Sewer  district  No.  55.— There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  55,  bounded  as  follows,  to  wit : 
Commencing  on  the  center  line  of  Mitchell  avenue  at  the  west 
line  of  the  alley  through  block  29,  Patee's  addition,  thence 
north  along  the  west  line  of  said  alley  to  the  south  line  of  Penn 
street,  thence  in  a  straight  line  to  the  southwest  corner  of  lot 
14,  block  24,  Patee's  addition,  thence  north  along  the  west 
line  of  lot  14  and  of  lots  9  and  8  of  said  block  to  the  south 
line  of  lot  6,  thence  north  on  the  center  line  of  lots  6,  5,  4,  3, 
and  the  line  between  the  lots  19  and  20  of  said  block  24,  and 
farther  north  on  the  center  line  of  lot  3  of  Cowan's  subdivision 
in  said  block  24  to  the  south  line  of  Olive  street,  thence  in  a 
straight  line  across  Olive  street  to  the  center  of  block  6,  Patee's 
addition,  thence  along  the  center  line  of  lot  10  of  said  block 
6  to  its  north  line,  being  the  north  line  of  lots  3,  2  and  1  of 
B.  Patton's  subdivision  of  said  lot  10,  thence  east  along  said 
north  line  to  the  center  line  of  Fourteenth  street,  thence  in  a 
straight  line  to  the  northwest  corner  of  lot  9,  block  4,  Stewart's 
addition,  thence  east  along  the  south  line  of  the  alley  running 
east  and  west  through  said  block  4  to  the  center  line  of  Fif- 
teenth street,  thence  south  to  the  center  line  of  Olive  street, 
thence  east  along  the  center  line  of  Olive  street  to  the  center 
line  of  alley  through  blocks  88  and  81,  Patee's  addition,  thence 


SEWERS.  637 

south  along  the  center  line  of  said  alley  to  the  center  line  of 
Seneca  street,  thence  east  along  the  center  line  of  Seneca  street 
to  the  center  line  of  Patee  avenue,  thence  southwest  along  the 
center  line  of  Patee  avenue  to  the  center  line  of  Penn  street, 
thence  west  along  the  center  line  of  Penn  street  to  the  east 
line  of  alley  between  Sixteenth  and  Seventeenth  streets,  thence 
south  along  the  east  line  of  said  alley  to  the  south  line  of  lot 
5,  block  66,  Patee's  addition,  thence  west  along  the  south  line 
of  said  lot  5  to  the  east  line  of  Sixteenth  street,  thence  south 
to  the  south  line  of  lot  4  of  said  block  66,  thence  west  to  the 
west  line  of  Sixteenth  street,  thence  south  twenty-two  and  one- 
half  feet,  thence  southwest  in  a  straight  line  to  the  southwest 
corner  of  lot  13,  block  67,  Patee's  addition,  thence  west  to 
the  southeast  corner  of  lot  2,  block  67,  Patee's  addition,  thence 
southwest  in  a  straight  line  to  the  southwest  corner  of  lot  1  in 
said  block,  thence  southwest  to  the  center  line  of  Mitchell  ave- 
nue, thence  westerly  along  the  center  line  of  Mitchell  avenue 
to  the  west  line  of  the  alley  through  block  29,  patee's  addition, 
being  the  place  of  beginning.  [G.  O.  No. 


SEC.  78.  Sewer  district  No.  56.  —  There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  56,  to  be  bounded  as  follows  : 
Commencing  on  the  center  line  of  Mitchell  avenue  at  the  west 
line  of  the  alley  through  block  29,  Patee's  addition,  thence 
north  on  said  west  line  of  alley  to  the  south  line  of  Penn  street, 
thence  in  a  straight  line  to  the  southeast  corner  of  lot  13,  block 
24,  Patee's  addition,  thence  along  east  line  of  said  lot  13  and 
along  the  east  line  of  lots  10  and  7  to  the  south  line  of  lot  6, 
thence  north  along  the  center  line  of  lots  6,  5  and  4  to  the 
north  line  of  lot  4,  all  in  block  24,  Patee's  addition,  thence 
west  along  the  north  line  of  said  lot  4  to  the  center  of  Thir- 
teenth street,  thence  north  to  center  of  Lafayette  street,  thence 
west  on  Lafayette  street  to  Twelfth  street,  thence  north  on 
Twelfth  street  to  the  line  dividing  lots  2  and  3,  block  23, 
Patee's  addition,  thence  west  on  said  line  and  the  line  dividing 


638  GENERAL  ORDINANCES. 

lots  2  and  3,  block  22,  Patee's  addition  to  Eleventh  street, 
tlience  south  on  Eleventh  street  to  Lafayette  street,  thence 
west  on  Lafayette  street  to  the  center  line  of  Ninth  street, 
thence  south  on  Ninth  street  to  center  line  of  Mitchell  avenue, 
thence  west  on  Mitchell  avenue  to  point  of  beginning.  \_G.  0. 
No.  412. 

SEC.  79.  Sewer  district  No.  57. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  57,  to  be  bounded  as  follows,  to 
wit:  Commencing  on  the  center  line  of  Franklin  street  at  the 
center  line  of  the  alley  between  Third  and  Fourth  streets, 
thence  north  on  the  center  line  of  said  alley  to  the  center  line 
of  Isabelle  street,  thence  west  along  the  center  line  of  Isa- 
belle  street  to  the  center  line  of  Levee  street,  thence  south  on 
the  center  line  of  Levee  street  to  the  center  line  of  Franklin 
street,  thence  east  on  the  center  line  of  Franklin  street  to  the 
center  line  of  alley  between  Third  and  Fourth  streets,  the 
point  of  beginning.  [G.  0.  No.  1$0. 

SEC.  80.  Sewer  district  No.  58. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  58,  bounded  as  follows,  to  wit : 
Beginning  on  the  center  line  of  Twenty-sixth  street  at  the 
center  line  of  the  alley  between  Olive  and  Lafayette  streets, 
thence  west  along  the  center  line  of  said  alley  to  a  point  oppo- 
site the  west  line  of  lot  7,  block  1,  Hermann's  addition,  thence 
north  on  the  west  line  of  said  lot  7  produced  to  the  center  line 
of  Olive  street,  thence  west  on  the  center  line  of  Olive  street 
to  the  center  of  Twenty-fourth  street,  thence  north  along  the 
center  line  of  Twenty-fourth  street  to  a  point  opposite  the  south 
line  of  lot  14,  block  5,  Hermann's  addition,  thence  west  on  the 
south  line  of  said  lot  14  and  the  south  line  of  lot  13,  block  2 
Hall's  Third  addition,  to  the  center  line  of  the  alley  through 
said  block  2  and  through  block  5,  Hermann's  addition,  thence 
north  along  the  center  line  of  said  alley  to  the  north  line  of 
Hermann  avenue,  thence  southwest  along  the  north  line  of  said 


SEWERS.  639 

avenue  to  the  center  line  of  Twenty-second  street,  thence  north 
along  the  center  line  of  Twenty-second  street  to  the  center  line 
of  Locust  street,  thence  east  along  the  center  line  of  Locust 
street  to  the  north  line  of  the  right-of-way  of  the  St.  Joseph 
and1  Des  Moines  railroad  (now  known  as  the  C.,  B.  &  Q.  rail- 
road), thence  northeasterly  with  the  north  line  of  said  right-of- 
way  to  the  west  line  of  the  east  half  of  the  northeast  quarter 
of  section  16,  township  57,  range  35,  thence  north  along  said 
line  to  the  center  line  of  Messanie  street,  thence  east  along  the 
center  line  of  Messanie  street  to  the  east  line  of  section  16, 
township  57,  range  35,  thence  south  along  the  east  line  of  said 
section  to  the  center  line  of  the  alley  between  Olive  and 
Lafayette  streets,  thence  west  along  the  center  line  of  said  alley 
to  the  center  line  of  Twenty-sixth  street,  the  point  of  begin- 
ning. [G.  0.  No.  436. 

SEC.  81.  Sewer  district  No.  59. — There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  59,  bounded  as  follows,  to  wit: 
Beginning  at  the  intersection  of  the  center  lines  of  Fifteenth 
and  Locust  streets,  thence  northwest  to  the  southeast  corner  of 
lot  14,  block  6,  Stewart's  addition,  thence  west  on  the  south  line 
of  said  lot  to  its  southwest  corner,  being  the  east  line  of  the 
alley  through  said  block  6,  thence  north  on  the  east  line  of 
said  alley  to  a  point  opposite  the  north  line  of  lot  8  of  said 
block  6,  thence  west  along  said  north  line  of  lot  8  to  the  cen- 
ter line  of  Fourteenth  street,  thence  north  to  a  point  opposite 
the  north  line  of  lot  11,  block  7,  Stewart's  addition,  thence  west 
along  the  south  line  of  said  lot  11  to  the  center  line  of  the 
alley  through  block  7,  Stewart's  addition,  thence  south  along 
the  center  line  of  said  alley  to  the  north  line  of  lot  7,  block  6, 
Patee's  addition,  thence  in  a  straight  line  to  the  center  of  the 
south  line  of  lot  9,  block  6,  Patee's  addition,  which  is  also  the 
south  line  of  lot  4,  block  1,  B.  Patton's  subdivision  of  said  lot 
9,  thence  east  along  the  south  line  of  lot  4,  last  aforesaid,  to  the 
center  line  of  Fourteenth  street,  thence  to  the  southeast  corner 
of  Fourteenth  street  and  the  east  and  west  alley  through  block 


640  GENERAL  ORDINANCES. 

4,  Stewart's  addition,  thence  east  along  the  south  line  of  said 
alley  to  the  center  line  of  Fifteenth  street,  thence  south  to  the 
center  line  of  Olive  street,  thence  east  to  the  center  line  of 
Seventeenth  street  north,  thence  north  to  the  center  line  of 
.  Messanie  street,  thence  southwest  to  the  northeast  corner  of 
lot  26,  block  1,  Mayer's  Third  addition,  thence  west  along  the 
north  line  of  said  lot  26  to  its  northwest  corner,  thence  north- 
west to  the  intersection  of  the  center  line  of  Messanie  srreet 
with  the  center  line  of  the  alley  through  block  1,  last  aforesaid, 
thence  southwest  to.  the  northeast  corner  of  lot  1,  block  1, 
Mayer's  Third  addition,  thence  west  on  the  north  line  of  said 
lot  1  to  its  northwest  corner,  thence  northwe'st  to  the  intersec- 
tion of  th'e  center  lines  of  Sixteenth  and  Messanie  streets, 
thence  southwest  to  the  northeast  corner  of  lot  26,  block  1, 
Stewart's  addition,  thence  west  along  the  north  line  of  said  lot 
26  to  its  northwest  corner,  thence  northwest  to  the  intersection 
of  the  center  line  of  Messanie  street  with  the  center  line  of  the 
alley  in  block  1,  Stewart's  addition,  thence  southwest  to  the 
northeast  corner  of  lot  1,  block  1,  Stewart's  addition,  thence 
west  along  the  north  line  of  said  lot  1,  to  its  northwest  corner, 
being  the  west  line  of  Fifteenth  street,  thence  south  to  the 
north  line  of  Locust  street,  thence  southwest  to  the  intersec- 
tion of  the  center  line  of  Fifteenth  street  and  Locust  street^ 
the  point  of  beginning.  \_G.  0.  No.  4,63. 

SEC.  82.  Sewer  district  No.  6O.— There  is  hereby 
established  in  the  city  of  St.  Joseph,  a  sewer  district  to  be 
known  as  sewer  district  No.  60,  to  be  bounded  as  follows,  to 
wit :  Beginning  on  the  center  line  of  Mitchell  avenue  opposite 
the  east  line  of  the  alley  between  Eleventh  and  Twelfth  streets, 
thence  south  along  the  east  line  of  said  alley  to  a  point  oppo- 
site the  south  line  of  lot  1,  block  30,  South  St.  Joseph  addi- 
tion, thence  west  along  the  south  line  of  said  lot  1  and  the 
south  line  of  lots  14  and  1,  block  19,  lots  14  and  1,  block  14, 
lots  14  and  1,  block  3,  and  of  lot  1,  block  48,  all  in  South  St. 
Joseph  addition,  to  the  west  line  of  block  48  of  said  addi- 


STORAGE  HOUSES  —  STREET  COMMISSIONER.  641 

tion,  thence  north  on  the  west  line  of  said  block  48  and  of 
blocks  47  and  46  in  said  addition  to  the  center  line  of  Mitch- 
ell avenue,  thence  easterly  along  center  line  of  Mitchell  avenue 
to  the  point  of  beginning.  [G.  0.  No. 


CHAPTER  LXXI. 
STORAGE  HOUSES. 

SECTION  1.    Storage  house  ;  license  for. 

SECTION  1.  Storage  house  —  license.  —  No  person, 
firm  or  corporation  shall  engage  in  or  carry  on  the  business  of 
keeping  a  storage  house  within  this  city,  without  first  having 
obtained  a  license  therefor,  and  the  charge  for  such  license 
shall  be  twenty-five  dollars  per  year.  Any  person,  firm  or  cor- 
poration who  receives  or  advertises  to  receive  goods,  wares, 
merchandise,  household  goods  or  other  personal  property  to  be 
stored  and  kept  for  the  owner  or  other  person  for  pay  or  com- 
pensation, shall  be  deemed  a  keeper  of  a  storage  house.  [@. 
O.  No.  441,  Sec.  93. 

[For  penalty  for  violating  this  Chap.,  see  Sec.  20,  Chap. 
entitled  "Licenses."] 

CHAPTEK  LXXI1. 

STREET  COMMISSIONER. 

SECTION  SECTION 

1.  Street  commissioner,  appointment  3.    May    employ  laborers,  teams    and 

of.  carts. 

2.  General  duties  of.  4.    Shall  keep  a  record,  report. 

SECTION  1.     Street    commissioner,    appointment 

of.  —  There  shall  be  appointed  in  the  city  of  St.  Joseph  by  the 
mayor  thereof,  subject  to  confirmation  by  a  majority  of  the 
common  council,  an  officer  to  be  styled  street  commissioner, 
who  shall  hold  his  office  for  a  term  of  one  year  and  until  his 
successor  is  duly  appointed  and  qualified,  and  before  entering 
upon  his  duties,  he  shall  give  bond  in  the  sum  of  one  thousand 
dollars  conditioned  for  the  faithful  performance  of  the  duties 
of  said  office.  [G.  0.  No.  509,  Sec.  1. 

45 


642  GENERAL  ORDINANCES. 

SEC.  2.  General  duties  of. — It  shall  be  the  duty  of 
the  street  commissioner  to  superintend  and  direct  the  cleaning 
of  all  public  streets,  avenues  and  alleys  ;  to  remove  obstruc- 
tions from  the  same  ;  to  have  all  dead  animals  removed  from 
public  highways  ;  to  superintend  and  direct  the  sweeping  of 
paved  streets,  and  all  street  sprinkling,  whether  paid  for  by 
the  city  or  by  private  subscription,  shall  be  performed  under 
his  supervision.  He  shall  carry  into  effect  all  orders  of  the 
common  council  relating  to  matters  placed  particularly  under 
his  charge.  He  shall  have  his  force  work  three  days  of  each 
year  in  each  ward,  under  the  direction  of  the  respective  alder- 
man. [£.  O.  No.  509,  Sec.  2. 

SEC.  3.  Power  to  employ  laborers,  teams  and 
carts.— The  street  commissioner  shall  have  power  to  employ 
such  teams,  carts  and  day  laborers  as  may  be  required  for  the 
efficient  working  of  his  department,  whose  pay  or  wages  per 
day  shall  be  as  follows:  Teams,  per  day,  $2.75  ;  carts,  per 
day,  $2.25  ;  laborers,  per  day,  $1.50.  No  teams,  wagons  or 
carts  belonging  in  whole  or  in  part,  to  the  street  commissioner, 
or  to  any  officer  in  any  of  the  departments,  shall  be  used, 
directly  or  indirectly,  for  any  work  done  or  performed  for  or 
by  the  city.  [#.  O.  No.  509,  Sec.  3. 

SEC.  4.  Shall  keep  a  record — report. — The  street 
commissioner  shall  keep  a  record  of  all  the  transactions  carried 
on  under  his  direction  in  a  book  to  be  provided  by  the  city, 
and  which  record  shall  show  in  detail  the  number  of  men  and 
teams  employed,  the  number  of  days  each  were  so  employed, 
and  the  places  were  employed.  The  record  so  kept  shall  be 
the  property  of  the  city,  and  at  all  times  subject  to  the  inspec- 
tion of  the  proper  officers.  He  shall  make  a  report  to  the 
comptroller  on  the  first  of  every  month,  which  report  shall  be 
a  true  copy  of  the  record  kept  in  his  office,  and  which  report 
shall  be  certified  to  as  correct  by  the  street  commissioner. 
[G.  0.  No.  509,  Sec.  4- 


TELEGRAPH  AND  EXPRESS  COMPANIES — TIME.  643 

CHAPTER  LXXIII. 

TELEGRAPH  AND  EXPRESS  COMPANIES. 

SECTION  SECTION 

1.    Express  or  telegraph  company  must  2.    Same ;  license. 

have  license.  3.    Property  to  be  taxed. 

SECTION  1.  Express  or  telegraph  company  must 
have  license. — It  shall  not  be  lawful  for  any  express  or  tel- 
egraph company,  or  its  agency,  to  transact  any  express  or 
telegraph  business  within  the  limits  of  the  city  of  St.  Joseph, 
without  first  having  obtained  a  license  therefor  according  to  the 
provisions  of  this  ordinance,  under  penalty  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars  for 
each  offense.  [E.  0.  1888,  Chap.  75,  Sec.  3. 

SEC.  2.  Same — license. — Every  express  and  telegraph 
company,  or  its  agency,  doing  an  express  or  telegraph  business 
in  the  city  of  St.  Joseph,  shall  pay  to  the  city  collector  for  the 
use  of  said  city,  for  a  license  to  transact  such  express  or  tele- 
graph business,  the  sum  of  one  hundred  and  fifty  dollars  per 
annum ;  and  every  license  issued  under  the  terms  of  this  chap- 
ter shall  expire  on  the  first  day  of  January  next  following  the 
date  of  its  issue.  [E.  O.  1888,  Chap.  75,  Sec.  4. 

SEC.  3.  Property  of  to  be  taxed. — Each  and  every 
express  and  telegraph  company,  or  agency  therefor,  transacting 
business  in  the  city  of  St.  Joseph,  in  addition  to  the  license 
provided  for  in  this  chapter,  shall  be  taxed  upon  the  assessed 
value  of  all  real  and  personal  property  owned  by  any  such 
express  or  telegraph  companies  within  the  limits  of  said  city. 
[E.  O.  1888,  Chap.  75,  Sec.  5. 

CHAPTEK  LXXIV. 

TIME. 

SECTION.  SECTION. 

1.    Standard  time  established.  2.    Tested  by  what  clock. 

SECTION  1.  Standard  time  established. — The  stand- 
ard time  for  the  city  of  St.  Joseph  shall  be  what  is  known  as 


644  GENERAL  ORDINANCES. 

central  standard  time,  which  is  the  time  of  the  ninetieth  merid- 
ian, to  be  adopted  by  the  railroads  of  the  state  on  the  eigh- 
teenth day  of  November,  A.  D.  1883  ;  and  this  shall  be  the 
standard  established  time  for  the  city  of  St.  Joseph,  by  which 
all  business  transactions  shall  be  governed,  when  time  shall, 
by  any  law,  custom,  usage  or  agreement,  become  an  element 
in  any  such  business  transaction.  [JR.  O.  1888,  Chap.  76, 
Sec.  1. 

SEC.  2.  Tested  by  what  clock. — The  clock  in  the 
council  chamber,  city  hall,  is  hereby  declared  to  be  the  time 
keeper  of  the  city  of  St.  Joseph.  [G.  O.  No.  471,  Sec.  1. 

CHAPTER  LXXV. 
TREASURER,  CITY. 

SECTION.  SECTION. 

1.  Treasurer,  general  duties.  7.  Checks  to  be  countersigned. 

2.  Report  to  comptroller  8.  Daily  report  of  disbursement. 

3.  May  employ  clerk.  9.  Tax  book  delivered  to  comptroller, 

4.  Bond  of  treasurer.  when. 

5.  Tax  receipts,  how  issued,  etc.  10.  Official  dereliction,  penalty. 

6.  Shall  deposit  receipts,  how. 

SECTION  1.  General  duties. — It  shall  be  the  duty  of 
the  city  treasurer,  in  addition  to  the  duties  imposed  upon  him 
by  the  general  laws  of  the  state  of  Missouri : 

First.  To  keep,  in  proper  books,  by  double  entry,  a  full 
and  accurate  account  of  all  moneys  received  and  disbursed  by 
him  in  behalf  of  the  city,  specifying  the  time  of  receipt  and  dis- 
bursement, from  whom  received,  and  to  whom  disbursed,  and 
on  what  account  received  and  disbursed,  and  how  paid. 

Second.  To  cancel  all  bonds,  coupons,  warrants  and 
other  evidences  of  debt  against  the  city,  whenever  paid  by  him, 
by  writing  or  stamping  across  the  face  thereof,  u  Paid  by  the 
City  Treasurer,"  with  the  date  of  payment  written  or  stamped 
thereon. 

Third.  To  keep  a  separate  account  of  each  fund  or  ap- 
propriation, and  the  debts  and  credits  belonging  thereto. 


TREASURER,  CITY.  645 

Fourth.  To  deliver  receipts,  as  city  collector,  for  all 
moneys  paid  to  him  for  licenses,  specifying  when  and  by  whom 
paid  and  on  what  account. 

Fifth.  To  make  settlements  with  the  city  auditor,  at  the 
close  of  each  month,  of  the  amounts  received  and  paid  out  dur- 
ing the  month.  \R.  O.  1888,  Chap.  77,  Sec.  1. 

SEC.  2.     Shall  report  monthly  to  comptroller. — 

The  city  .treasurer,  on  the  first  Monday  of  each  month,  shall 
make  a  detailed  report  to  the  city  comptroller  of  the  business 
of  his  office  during  the  month  preceding,  showing  the  balance 
on  hand  to  the  credit  of  the  different  funds  at  the  time  of  his  last 
report,  the  amounts  received  during  the  month,  and  on  what 
account,  together  with  such  other  items  and  facts  as  the  comp- 
troller may  require.  \R.  O,  1888,  Chap.  77,  Sec.  2. 

SEC.  3.  Treasurer  may  employ  clerk. — The  city 
treasurer  is  hereby  authorized  to  employ  a  clerk  in  his  office, 
who  shall  be  a  practical  bookkeeper  and  competent  to  perform 
the  duties  of  the  office  in  case  of  sickness  of  the  treasurer,  at  a 
salary  not  to  exceed  one  hundred  dollars  per  month.  [7?.  O. 
1888,  Chap.  77,  Sec.  4. 

SEC.  4.  Bond  of  treasurer. — The  official  bond  of  the 
city  treasurer  shall  be  fifty  thousand  dollars.  \_G.  0.  No.  371, 
Sec.  1. 

SEC.  5.  Tax  receipts,  how  issued,  etc. — The  city 
treasurer  shall  have  his  tax  receipts  printed  and  bound  with 
duplicate  stubs  attached  thereto,  numbered  to  correspond 
respectively  with  the  corresponding  tax  receipt.  Whenever  a 
tax  receipt  is  issued,  one  of  such  stubs  shall  be  retained  by  the 
treasurer,  the  other  shall  be  delivered  at  the  close  of  such  day's 
business  to  the  city  comptroller.  Such  stubs  shall  each  con- 
tain the  name  of  a  tax  payer,  the  assessed  valuation,  amount 
of  the  tax,  rebate  or  penalty  as  the  case  may  be,  with  the 
signature  of  the  treasurer.  The  comptroller  shall  charge  the 
treasurer  with  the  amount  received  as  indicated  by  such  stub 
and  file  the  same  for  reference.  \_G.  O.  No.  371,  Sec.  2. 


64:6  GENERAL  ORDINANCES. 

SEC.  6.  Shall  deposit  receipts,  how. — The  treas- 
urer shall  deposit  daily  the  whole  amount  received  during  such 
day  with  the  city  depository  and  shall  take  duplicate  receipts 
for  the  same,  one  of  which  shall  be  delivered  to  the  city  audi- 
tor and  the  other  to  the  city  comptroller,  daily.  \_G.  0.  No. 
371,  Sec.  3. 

SEC.  7.  Checks  to  be  countersigned.  —  Money 
needed  by  the  treasurer  in  disbursements  on  warrants, or  requi- 
sitions shall  be  drawn  out  of  the  city  depository  on  his  checks, 
countersigned  by  the  auditor  and  approved  by  the  signature  of 
the  comptroller,  and  the  city  depository  shall  not  honor  or  pay 
any  check  not  so  drawn,  countersigned  and  approved.  \_G.  O. 
No.  371,  Sec.  4- 

SEC.  8.  Daily  report  of  disbursements. — It  shall 
be  the  duty  of  the  treasurer  to  make  a  daily  report  to  the 
comptroller  of  the  amount  of  his  disbursements,  which  report 
shall  be  accompanied  by  the  canceled  indebtedness,  which  the 
comptroller  shall  turn  over  to  the  city  auditor  at  the  end  of 
each  month.  [G.  O.  No.  371,  Sec.  5. 

SEC.   9.     Tax  book  delivered  to  the  comptroller, 

when. — On  the  closing  of  the  tax  collections  of  each  fiscal 
year,  the  land  tax  book  shall  be  turned  over  by  the  collector 
to  the  comptroller.  [G.  0.  No.  371,  Sec.  6. 

SEC.   10.     Official   dereliction  —  penalty. — If   the 

treasurer  shall  fail  to  perform  each  and  every  duty  herein 
before  imposed,  or  shall  fail  to  pay  over  each  and  every  day 
all  moneys  coming  into  his  hands  as  treasurer  to  the  city 
depositary,  or  if  he  shall  draw  or  attempt  to  draw  any  money 
from  the  city  depositary  except  upon  his  checks,  countersigned 
and  approved  as  hereinbefore  provided,  he  shall  forfeit  his 
office  and  all  the  pay  and  emoluments  thereof.  \_G.  0.  No. 
371,  Sec.  7. 


TREES,  SHADE  AND  ORNAMENTAL.  647 


CHAPTER  LXXYL 

TREES,  SHADE  AND  ORNAMENTAL. 

SECTION.  SECTION. 

1.  Trees,  how  planted.  3.    Trees  not  allowed  to  obstruct  lamps 

2.  City  engineer  may  replant,  etc.  4.    Animal  injuring  tree,  owner  liable. 

SECTION  1.     Trees — how  planted  in   streets. — All 

shade  and  ornamental  trees  shall  be  planted  one  foot  inside  of 
the  outer  line  of  the  sidewalk,  as  defined  and  established  by 
the  laws  and  ordinances  relating  to  sidewalks  ;  and  if  any 
person  shall  plant  trees  on  the  sidewalks  in  the  city  in  any 
other  manner  than  as  in  this  section  provided,  he  shall  be 
deemed  guilty  of  a  misdemeanor.  [G.  O.  No.  528,  Sec.  1. 

SEC.  2.     City  engineer  may  replant,  etc. — If  any 

trees  shall  have  been  planted  within  or  without  the  line  estab- 
lished in  the  first  section,  or  shall  hereafter  be  planted  in  viola- 
tion of  this  ordinance,  the  city  engineer  shall  have  power  at 
his  discretion  to  cause  the  same  to  be  taken  up  and  properly 
set  out.  Provided,  that  in  no  case  shall  such  discretion  be 
exercised  unless  such  trees  form  a  material  obstruction  to  the 
street  or  sidewalk,  nor  unless  the  season  shall  be  favorable  for 
transplanting  the  same.  [G.  0.  No.  528,  Sec.  2. 

SEC.  3.     Trees  not  allowed  to  obstruct  lamps.— 

If  any  trees  shall  be  allowed  by  the  owner  or  occupant  of  the 
premises  to  grow  in  such  a  manner  as  to  obstruct  the  reflection 
of  any  public  lamp,  it  shall  be  the  duty  of  the  street  commis- 
sioner to  notify  the  owner  or  occupant  of  the  premises  forth- 
with to  trim  the  same  in  the  manner  to  be  specified  in  the 
notice ;  and  if  any  person  so  notified  shall  refuse  or  neglect  to 
comply  with  the  requirements  of  such  notice,  it  shall  be  the 
duty  of  the  street  commissioner  to  cause  such  trees  to  be 
trimmed,  and  the  person  so  refusing  or  neglecting  to  comply 
with  said  notice  shall  be  deemed  guilty  of  a  misdemeanor. 
[G.  0.  No.  528,  Sec.  3. 


64:8  GENERAL  ORDINANCES. 

SEC.  4.     Animal   injuring   tree— owner  liable.— 

Should  any  tree  or  trees  be  injured  or  damaged  in  any  way  by 
any  person  or  persons,  horses  or  cattle,  the  owner  or  owners  of 
such  horses  or  cattle  shall  be  liable  to  the  owner  of  such  trees 
for  all  damages  done  thereto.  Provided,  in  all  cases,  that  said 
shade  or  ornamental  trees  shall  be  protected  by  ordinary  board 
or  slat  boxes.  [G.  O.  No.  528,  Sec.  4. 


CHAPTER   LXXVII. 
VAGRANTS. 

SECTION.  SECTION. 

1.  Who  are  declared  to  be  vagrants.  4.    Evidence  of  reputation  admissible. 

2.  Pigeon-dropping  defined.  5.    Disposal  of  vagrant— penalty. 

3.  Two  or  more  may  be  jointly  tried. 

SECTION  1.     Who  are  declared  to  be  vagrants.— 

Vagrants,  under  the  meaning  and  provisions  of  the  ordinances 
of  the  city  of  St.  Joseph,  shall  be  deemed  to  be : 

First.  'Any  person  who  in  this  city  lives  idly,  has  no  vis- 
ible means  of  support,  and  is  found  loitering,  rambling,  wan- 
dering or  loafing  about  the  streets,  or  thoroughfares  of  this 
city,  or  who  shall  be  engaged  in  any  unlawful  calling  what- 
ever ;  or  who  in  this  city  lives  idly,  arid  is  a  frequenter  of  sa- 
loons, bar  rooms,  bawdy  houses,  gambling  houses,  or  any 
disorderly  houses,  or  who  in  this  city  lives  idly  and  is  a  gam- 
bler or  roper  or  capper  for  any  gambling  house  or  room  or  any 
gambling  game ;  or  who  lives  idly  and  has  the  reputation  of 
being  a  gambler  or  roper,  steerer  or  capper  for  any  gambling 
house  or  room,  or  any  gambling  game  ;  or  who  shall  be  found 
trespassing  upon  the  private  property  of  another,  and  cannot 
give  a  good  account  of  himself ;  or  who  shall  be  found  begging, 
or  going  from  door  to  door  begging,  or  appearing  in  any  street, 
thoroughfare  or  other  public  place  begging  or  receiving  alms, 
as  a  profession. 

Second.     Any  male  or  female  person  who  shall  be  the 
keeper,  proprietor  or  exhibitor  of  any  gaming  table  or  gam- 


VAGRANTS.  649 

bling  device,  or  who  shall  be  an  assistant  or  attendant  at  any 
such  gaming  table  or  gambling  device,  and  gamblers. 

Third.  Any  person  who,  for  the  purpose  of  gaming  or 
gambling,  travels  from  place  to  place,  or  frequents  steamboats 
or  other  vessels  at  the  wharf  of  this  city,  or  at  passenger 
depots,  or  goes  from  place  to  place  in  this  city  for  that  purpose. 

Fourth.  Any  person  upon  whom  shall  be  found  any 
instrument  or  thing  used  for  the  commission  of  burglary,  or 
for  picking  locks  or  pockets,  and  who  shall  fail  to  give  a  good 
account  of  their  possession  of  the  same. 

Fifth.  Any  person  who  shall  be  found  engaged  in 
pigeon-dropping  as  hereinafter  defined. 

Sixth  Any  person  who,  having  been  once  convicted  of 
being  a  vagrant,  or  who  has  the  reputation  of  being  a  vagrant 
shall  be  found  in  possession  of  any  Mexican  puzzle,  patent 
safe-strop-thimble  and  balls,  or  any  other  instrument  or  device 
used  for  pigeon-dropping. 

Seventh.  Any  prostitute,  courtezan,  bawd  or  lewd  woman, 
or  any  female  inmate  of  any  bawdy  house  or  house  of  prostitu- 
tion, assignation,  brothel,  or  house  of  bad  repute,  who  shall 
be  found  wandering  about  the  streets  in  the  night  time,  or 
frequenting  dram  shops  or  beer  houses,  or  any  such  female 
who  shall  be  found  employed  as  a  beer-carrier,  either  in  the 
day  or  night  time,  or  who  may  be  found  employed  singing  or 
dancing  in  any  such  house  or  place. 

Eighth.  Any  procurer,  pimp  or  other  male  person  inhab- 
iting a  bawdy  house  or  house  of  prostitution  or  assignation,  or 
in  a  way  connected  with  the  keeping  of  such  house. 

Ninth.  Any  person,  male  or  female,  who  knowingly 
associates  with  persons  having  the  reputation  of  being  thieves, 
burglars,  pick-pockets,  pigeon-droppers,  bawds,  prostitutes  or 
lewd  women  or  gamblers,  or  who  lodges  in  or  frequents  houses 
or  other  places  having  the  reputation  of  being  the  resort  of 
thieves,  burglars,  pick-pockets,  pigeon-droppers,  bawds,  pros- 


650  GENERAL  ORDINANCES. 

titutes  or  lewd  women,  or  gambling  houses,  or  places  for  the 
reception  of  stolen  property.  \_R.  O.  1888,  Chap.  78,  Sec.  1. 

SEC.  2.  Pigeon-dropping  denned. — Pigeon-drop- 
ping, under  the  meaning  and  intent  of  this  chapter,  shall  be 
deemed  the  winning  or  obtaining,  money  or  property,  or  things 
representing  money  or  property,  by  its  being  bet  or  staked  on 
any  game,  instrument,  contrivance  or  device  under  the  control 
of  any  person  concerned  in  the  game,  bet  or  stake,  or  of  any 
confederate  of  such  person,  and  so  contrived  or  constructed 
that  the  result  of  any  game,  bet  or  stake  can  be  determined  by 
either  of  such  persons  ;  or  the  borrowing  of  money  or  prop- 
erty, or  anything  representing  money  or  property,  to  be  bet  on 
any  such  game,  instrument,  contrivance  or  device  ;  or  the 
inveigling,  enticing  or  persuading  any  person  to  bet  or  lend 
money  or  property,  or  anything  representing  money  or  prop- 
erty, to  be  bet  or  staked  on  any  such  game,  instrument,  con- 
trivance or  device  ;  or  the  borrowing  money  or  property  on 
petitions  or  worthless  notes,  checks  or  drafts,  or  having  them 
in  possession  for  a  fraudulent  purpose.  [72.  0.  1888,  Chap. 
78,  Sec.  2. 

SEC.  3.  Two  or  more  may  be  tried  jointly. — Two 
or  more  persons  found  acting  together  or  in  concert  for  the 
purpose  of  pigeon-dropping,  may  be  tried  jointly.  [7?.  0. 
1888,  Chap.  78,  Sec.  3. 

SEC.  4.     Evidence   as   to  reputation,  etc. — On  the 

trial  of  any  person  charged  with  being  a  vagrant  before  the 
judge  of  the  police  court,  it  shall  be  lawful  for  the  city  to  intro- 
duce testimony  as  to  the  character  and  reputation  of  the  de- 
fendant touching  any  of  the  matters  set  forth  in  the  first  section 
of  this  chapter ;  and  the  defendant  may  resort  to  testimony  of 
a  like  nature  for  the  purpose  of  disproving  the  same.  [JR.  O. 
1888,  Chap.  78,  Sec.  4. 

SEC.  5.  Disposal  of  vagrant — penalty.— ^Any  per- 
son who  shall  be  guilty  of  being  a  vagrant  under  the  provis- 
ions of  this  chapter,  shall  be  deemed  guilty  of  a  misdemeanor, 


VAGRANTS.  651 

and  upon  conviction  thereof  shall  be  fined  in  any  sum  not 
exceeding  two  hundred  dollars,  and  the  judge  of  the  police 
court  may,  in  addition  to  such  fine,  require  the  defendant  to 
give  a  bond  to  the  city  of  St.  Joseph,  with  good  and  sufficient 
security,  in  the  penal  sum  of  five  hundred  dollars,  conditioned 
that  said  defendant  shall  for  the  period  of  six  months  next 
ensuing  the  execution  of  said  bond,  be  of  good  behavior  towards 
all  citizens  ;  and  in  default  thereof  it  shall  be  the  duty  of  the 
judge  of  the  police  court  to  commit  said  defendant  to  the  work- 
house until  such  security  be  given,  not  to  exceed  ninety  days  : 
Provided,  however,  that  any  defendant  may,  at  his  or  her  option, 
pay  the  fine  and  costs  assessed  against  him  or  her,  and  give 
the  bond  required,  if  a  bond  be  required  by  the  judgment  of 
the  judge  of  the  police  court,  or  he  or  she  may  leave  the  city 
in  such  time  as  may  be  fixed  by  the  judge  of  the  police  court, 
under  a  stipulation  not  to  return  to  the  city  within  one  year  ; 
and  in  all  cases  where  the  defendant  elects  to  leave  the  city,  as 
aforesaid,  the  chief  of  police  shall  hold  the  execution  in  his 
hands  during  the  year,  and  if  the  defendant  return  to  the  city 
within  the  year,  it  shall  be  the  duty  of  the  chief  of  police  to 
arrest  or  cause  such  defendant  to  be  arrested  forthwith  under 
the  execution,  and  proceed  thereon  as  in  other  executions  ;  at 
the  end  of  the  year,  if  the  defendant  has  not  returned  to  the 
city,  the  execution  shall  be  returned  as  follows  :  This  execu- 
tion returned  satisfied  in  full,  the  defendant  having  been  out 
of  the  city  one  year,  under  order  of  judge  of  the  police  court. 
\_R.  O.  1888,  Chap.  78,  Sec  5. 


652  GENERAL  ORDINANCES. 

CHAPTER    LXXVIII. 
VEHICLES. 

ARTICLE  I.    VEHICLES — RATES  OF  LICENSE  AND  REGULATIONS  FOR. 
II.    EXPRESS  AND  JOB  WAGON  STAND. 
III.    BICYCLES,  ETC. 

ARTICLE  I. 
VEHICLES— RATES  OF  LICENSE  AND  REGULATIONS  FOR 

SECTION.  SECTION. 

1.  Vehicles,  license  for.  8.  Shall  not  refuse  to  carry ;  or  deceive 

2.  Registered  number,  how  kept,  etc.  a  passenger. 

3.  Rates  for  hauling  passengers.  9.  Rates  of  fare  to  be  posted  in  vehicle. 

4.  Rates  allowed  for  one  horse  wagon.  10.  License  of  non-resident  not  trans- 

5.  Rates  allowed  for  two  horse  wagon.  ferable. 

6.  Hack    or   carriage   driver  to  give  11.  Falsely  representing  place  of  resi- 

bond.  dence. 

7.  Driver  intoxicated  while  on  duty.  12.    Penalty. 

penalty  for. 

SECTION!.  Vehicles — license  for. — No  person  shall 
use,  run  or  drive,  or  cause  to  be  used,  run  or  driven,  any 
omnibus,  hackney  carriage,  hack,  carriage,  cart  drawn  by  horse 
or  any  other  animal,  dray,  sprinkling  wagon,  ice  wagon,  or  job 
wagon  for  hire,  pay,  profit  or  compensation,  or  any  other 
vehicle  of  any  kind  not  herein  specified,  driven,  used  or  run  in 
conveying  or  carrying  any  person  or  thing  for  hire,  pay,  profit 
or  compensation,  without  a  license  therefor  from  said  city. 
Any  wagon  used  or  kept  for  use,  for  hauling  or  transferring 
for  hire,  pay,  profit  or  compensation,  any  goods,  wares,  mer- 
chandise or  property  of  any  kind,  not  owned  by  the  owners  of 
the  wagon,  shall  be  deemed  a  job  wagon.  The  charges  for 
such  license  per  year  payable  semi-annually,  shall  be  as  fol- 
lows :  For  each  four  or  more  horse  or  mule  omnibus,  fifteen 
dollars  ;  for  each  two  horse  or  mule  omnibus,  ten  dollars  ;  for 
each  hack,  carriage  or  hackney  carriage,  ten  dollars  ;  for  each 
cart  drawn  by  a  horse  or  other  animal,  five  dollars  ;  for  each 
dray,  five  dollars ;  for  each  job  wagon,  when  drawn  by  two  or 
more  animals,  ten  dollars  ;  for  each  job  wagon,  when  drawn  by 
one  animal,  five  dollars ;  for  each  sprinkling  wagon,  ten  dol- 


YEHIC 


653 


lars  ;  for  each  ice  wagon,  ten  dollars  ;  all  licenses  issued  under 
this  section  shall  expire  on  the  first  day  of  February  and 
August  next  succeeding  the  date  of  issue  of  such  license,  and  shall 
be  charged  for  proportionately  from  the  date  of  issue  to  Febru- 
ary first  or  August  first :  Provided,  that  no  license  shall  be 
issued  for  a  less  sum  than  two  and  one-half  dollars  :  Provid- 
ed, further,  that  for  each  vehicle  used  exclusively  for  hauling 
dirt,  rock,  coal  or  sand,  the  license  shall  be  two  and  one-half 
dollars  per  annum  payable  annually.  [  G.  O.  No.  441,  Sec.  84. 

SEC.   2.     Registered    number,  how   kept,  etc.— 

A  book  shall  be  kept  by  the  city  auditor,  in  which  all  vehicles 
licensed  shall  be  registered,  containing  the  number  of  vehicle, 
the  name  of  the  owner,  and  the  time  when  the  license  was 
issued,  together  with  its  expiration.  The  auditor  shall,  at  the 
expense  of  the  city,  deliver  to  the  owner  or  driver  of  each 
vehicle  a  metallic  plate,  upon  which  shall  be  plainly  marked 
the  registered  number  of  the  vehicle  licensed,  and  date  of 
expiration.  Upon  receiving  such  metallic  plate,  the  owner  or 
driver  shall  fasten  the  same  securely  upon  the  vehicle  licensed, 
in  some  conspicuous  place  thereon,  and  keep  the  same  so 
fastened;  and  no  person  shall  have,  place  or  use  such  metallic 
plate,  or  any  metallic  plate  resembling  the  same,  upon  any 
vehicle,  unless  such  vehicle  is  duly  licensed.  [G.  0.  No.  441, 
Sec.  95. 

SEC.  3.  Rates  for  hauling  passengers. — Persons 
owning  or  driving  any  vehicle  are  allowed  to  charge  as  fol- 
lows: For  each  passenger,  with  usual  baggage,  carried  from 
any  point  in  the  city  limits  to  any  other  point  within  the  limits 
of  the  city,  fifty  cents,  and  no  more;  for  use  of  vehicle  and 
driver  for  one  day,  ten  dollars;  for  transporting  passenger's 
trunk,  fifty  cents;  for  use  of  vehicle  when  engaged  by  the  hour 
in  going  from  place  to  place,  or  stopping,  when  required, 
or  waiting,  when  required,  at  any  place,  two  dollars  for  the 
first  hour,  and  one  dollar  per  hour  for  every  succeeding  hour 
after  the  first:  Provided,  that  double  these  rates  may  be 


654  GENERAL  ORDINANCES. 

charged  between  twelve  o'clock  midnight  and  sunrise  next 
morning.  [#.  O.  No.  441,  Sec.  96. 

SEC.  4.     Kates  allowed  for  one  horse  wagon.— 

Persons  owning  or  driving  one  horse  or  mule  job  wagons, 
carts  or  drays,  are  allowed  to  charge  for  carrying  and  unload- 
ing any  load  or  baggage,  goods,  wares  or  merchandise  a 
distance  of  ten  blocks  or  lees,  forty  cents;  and  for  any  greater 
distance  than  ten  blocks  inside  the  city  limits,  seventy-five 
cents  and  no  more.  \_G.  O.  No.  441,  Sec.  97. 

SEC.  5.     Rates  allowed  for  two  horse  wagon.— 

Persons  owning  or  driving  two  horse  or  mule  job  wagons,  carts 
or  drays,  are  allowed  to  charge  for  each  load  transported  and 
unloaded  in  this  city,  one  dollar  ;  or  in  lieu  thereof  the  sum  of 
four  cents  per  hundred  pounds  on  heavy  goods,  and  five  cents 
per  hundred  pounds  on  light  goods,  and  no  more.  [G.  O.  No. 
441,  Sec.  98. 

SEC.  6.     Hack  or  carriage  driver  to  give  bond.— 

Before  any  person  shall  act  as  driver  of  any  licensed  hack, 
carriage,  omnibus,  sleigh  or  other  public  vehicle  used  for  car- 
rying passengers,  he  shall  enter  into  a  bond  with  the  city  of 
St.  Joseph  in  a  sum  of  five  hundred  dollars,  with  two  or  more 
good  and  sufficient  securities,  residents  of  the  city,  to  be  ap- 
proved by  the  comptroller,  conditioned  that  said  driver  will  at 
all  times  demean  himself  properly  and  observe  all  ordinances, 
rules  and  regulations  of  the  city  pertaining  to  such  vehicles 
and  drivers,  and  that  they  will  pay  all  fines,  costs  and  penal- 
ties imposed  upon  such  driver  for  violation  or  failure  to  com- 
ply with  such  ordinance,  rule  or  regulation.  Said  bond  shall 
be  filed  with  the  city  auditor.  '[G.  0.  No.  441,  Sec.  99. 

SEC.  7.  Driver  intoxicated  while  on  duty — pen- 
alty.— Any  driver  of  any  licensed  hack,  carriage,  omnibus, 
sleigh  or  other  public  vehicle  used  for  carrying  passengers, 
who  shall  be  found  in  a  state  of  intoxication  while  on  duty  as 
such  driver,  shall  be  deemed  guilty  of  a  misdemeanor,  and 


VEHICLES.  655 

upon  conviction  thereof  shall  be  fined  not  less  than  fifteen  dol- 
lars nor  more  than  fifty  dollars.  [G.  O.  No.  441,  Sec.  100. 

SEC.  8.     Shall  not  refuse  to  carry,  or  deceive  a 

passenger. — Persons  owning  or  driving  vehicles  used  for 
carrying  passengers,  shall  not  refuse  to  carry  any  passenger  to 
any  place  within  the  limits  of  this  city,  except  such  passenger 
refuse  to  pay  the  rate  fixed  by  ordinance  for  such  services. 
No  owner  or  driver  shall  deceive  any  passenger  who  may  ride 
in  any  such  public  vehicle,  or  who  may  desire  to  ride  in  any 
such  vehicle,  as  to  his  destination,  or  the  price  authorized  by 
ordinance  to  be  charged  for  such  services,  or  shall  convey  such 
passenger,  or  cause  him  to  be  conveyed,  to  a  place  other  than 
as  directed  by  him.  [G.  0.  No.  441,  Sec.  101. 

SEC.  9      Rates  of  fare  to  be  posted  in  vehicle.— 

Persons  owning  or  driving  hacks,  carriages,  omnibuses  or  other 
public  vehicles  used  in  conveying  passengers,  shall  at  all  times 
keep  posted  in  a  conspicuous  place  in  such  vehicle  a  card  on 
which  shall  be  printed  in  plain  letters  the  amount  fixed  by 
ordinance  for  carrying  passengers  in  the  city  of  St.  Joseph, 
and  any  owner  or  driver  of  any  vehicle  used  in  conveying  pas- 
sengers, goods,  wares  or  merchandise,  who  shall  ask  or  charge 
or  attempt  to  charge,  or  cause  or  allow  to  be  asked  or  charged 
for  such  services  a  rate  higher  than  the  price  fixed  by  ordinance, 
and  any  person  who  shall  hire  such  public  vehicle  for  the  pur- 
pose of  riding  therein  or  transporting  any  goods,  wares  or 
merchandise,  and  shall  refuse  to  pay  the  rate  therefor  as  fixed 
by  ordinance,  or  any  owner  or  driver  who  shall  refuse  to  post 
and  keep  posted  a  rate  card  as  herein  required,  shall  be  deemed 
guilty  of  a  misdemeanor.  [G.  O.  No.  441,  Sec.  102. 

SEC.  10.  License  of  non-resident  not  transfera- 
ble.— No  person  who  is  a  non-resident  of  said  city  having  a 
license  for  the  carriage  or  transportation  of  persons  for  hire, 
pay,  profit  or  compensation,  in  any  hack,  hackney  carriage, 
coach,  wagon,  omnibus  or  other  vehicle,  shall  be  permitted  to 


656  GENERAL  ORDINANCES. 

tiansfer  the  same,  and   if  such  license  shall  be  transferred  it 
shall  thereupon  become  void.      [G.  0.  No.  441,  Sec.  103. 

SEC.  11.  Falsely  representing  place  of  resi- 
dence.— It  is  hereby  made  a  misdemeanor  for  any  person, 
who  is  a  non-resident  of  the  city -of  St.  Joseph,  to  represent 
himself  to  the  city  auditor  of  said  city  to  be  a  resident  of  said 
city,  for  the  purpose  of  transferring  a  license  for  the  purpose 
named  in  the  preceding  section.  \_G.  0.  No.  441,  Sec.  104. 

SEC.  12.  Penalty. — Any  person  violating  any  of  the 
provisions  herein  contained  relating  to  vehicles,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof, 
shall  be  fined  in  a  sum  not  to  exceed  twenty-five  dollars. 
[G.  O.  No.  441,  Sec.  105. 

ARTICLE  II. 

EXPRESS  AND  JOB  WAGON  STAND. 

SECTION.  SECTION. 

1.  Stand  where  located.  3.    Penalty. 

2.  Stand  designated,  to  be  occupied. 

SECTION  1.  Stand  where  located. — No  person  or 
persons  shall  be  permitted  to  use  any  part  of  the  streets  of  the 
city  of  St.  Joseph  as  a  stand  for  job  or  express  wagons  except- 
ing Charles  street  from  Fourth  street  to  Sixth  street,  which  is 
hereby  designated  as  a  stand  for  job  and  express  wagons. 
[G.  O.  No.  382,  Sec.  1.  Amended  G.  0.  No.  392. 

SEC.    2.     Stand   designated,   to    be    occupied.— 

Any  owner,  driver  or  person  in  charge  of  any  express  or  job 
wagon,  who  shall  occupy  any  place  in  the  streets  of  said  city 
as  a  stand  not  designated  as  a  stand,  as  defined  in  section  one  • 
of  this  article,  or  any  owner,  driver  or  person  in  charge  of  any 
express  or  job  wagon  who  shall  occupy  the  stand  herein 
designated,  shall  keep  the  vehicle  so  under  his  charge  close  up 
to  the  line  of  the  curb  and  said  vehicles  shall  be  kept  in  a  line 
in  single  file  close  up  to  each  other,  and  such  owners,  drivers 
or  persons  in  charge  of  such  vehicles  while  waiting  at  such 


BICYCLES,  ETC. 


657 


stand,  shall  not  assemble  in  groups  along  the  streets  herein 
designated,  but  shall  remain  by  the  side  of  their  respective 
vehicles  while  remaining  at  such  stands.  [G.  O.  No.  382, 
Sec.  2. 

SEC.  3.  Penalty. — Any  person  violating  the  provisions 
of  this  article  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars,  nor 
more  than  fifty  dollars.  [G.  0.  No.  382,  Sec.  3. 

ARTICLE  III. 
BICYCLES,  ETC. 


SECTION 
1.    Bicycles,    etc.,  governed    by    what 


2.  Riders  confined  to  right  hand  side 

of  street. 

3.  Persons     prohibited    from    riding 

upon  sidewalks. 


SECTION 

4.  Speed  limited,  in  what  district. 

5.  Bicycles,  etc.,  to  be  provided  with 

alarm  bells. 

6.  Coasting  prohibited. 

7.  Penalty. 


SECTION  1 .     Bicycles,  etc.,  governed  by  what  laws. 

— Bicycles,  tricycles  or  unicycles  are  hereby  declared  to  be 
vehicles  for  the  purpose  of  carrying  one  or  more  persons,  and 
as  such  (while  being  ridden  inside  the  corporate  limits  of  the 
city  of  St.  Joseph)  shall  be  governed  by  all  laws  and  ordinances 
relating  to  vehicles,  now  in  force  or  embodied  in  this  ordinance. 
[G.  0.  No.  518,  Sec.  1. 

SEC.  2.  Riders  confined  to  right  hand  side  of 
street. — All  riders  of  bicycles,  tricycles,  unicycles  or  any 
other  vehicle  while  riding  or  driving  inside  the  corporate  limits 
of  the  city  of  St.  Joseph,  shall  confine  themselves  to  the  right 
hand  side  of  the  center  of  any  street  they  may  be  riding  or 
driving  upon,  and  upon  meeting,  or  being  liable  to  meet  any 
other  vehicle,  whether  said  vehicle  shall  be  propelled  by  pedals, 
electricity  or  steam,  or  shall  be  drawn  by  horses,  mules  or  any 
animals,  shall  immediately  turn  off  to  the  right  hand,  and  any 
vehicle  traveling  in  the  opposite  direction  shall  also  turn  off  to 
the  right.  [G.  O.  No.  518,  Sec.  2. 

46 


658  GENERAL  ORDINANCES. 

SEC.   3.     Persons   prohibited  from   riding  upon 

sidewalks. — Any  person  upward  of  the  age  of  twelve  years 
is  hereby  prohibited  from  riding  any  bicycle,  tricycle,  unicycle 
or  other  vehicle  propelled  by  pedals  upon,  along  or  over  any 
sidewalk,  by-way  or  path  used  as  a  public  way  for  pedestrians 
in  the  city  of  St.  Joseph.  [#.  0.  No.  518,  Sec.  3. 

SEC.  4.     Speed   limited,  in   what   district. — Any 

person  is  hereby  prohibited  from  riding  any  bicycle,  tricycle, 
unicycle  or  other  vehicle  propelled  by  pedals,  upon  or  along 
any  public  street  or  avenue  in  the  city  of  St.  Joseph,  within 
the  following  limits,  b.eing  a  district  bounded  on  the  north  by, 
and  including  Francis  street,  on  the  south  by,  and  including 
Messanie  street,  on  the  east  by,  and  including  Tenth  street, 
and  on  the  west  by,  and  including  Second  street,  at  a  speed 
greater  than  ten  miles  per  hour,  nor  over  any  crossing  or 
crosswalk  at  a  speed  greater  than  eight  miles  per  hour. 
[G.  O.  No.  518,  No.  4. 

SEC.  5.  Bicycles,  etc.,  to  be  provided  with  alarm 
bells. — Any  person  is  hereby  prohibited  from  riding  any 
bicycle,  tricycle,  unicycle  or  other  vehicle  propelled  by  pedals 
over,  upon  or  along  any  public  street  or  avenue  in  the  city  of 
St.  Joseph  unless  the  same  shall  be  provided  with  and  have 
attached  thereto  an  alarm  bell  or  other  suitable  and  proper 
warning  signal,  said  bell  to  be  sounded  as  a  warning  whenever 
necessary  to  avoid  colliding  with  pedestrians.  [G.  0.  No.  518, 
No.  5. 

SEC.  6.  "Coasting"  prohibited.  —  Any  person  is 
hereby  prohibited  from  riding  any  bicycle,  tricycle,  unicycle  or 
other  vehicle  propelled  by  pedals  over,  upon  or  along  any 
public  street  or  avenue  in  the  city  of  St.  Joseph  in  the  manner 
commonly  known  as  "coasting."  [G.  O.  No.  518,  Sec.  6. 

SEC.  7.  Penalty. — Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  not  less 


WOOD.  659 

than  one  dollar  nor  more  than  twenty  dollars  for  each  and 
every  offense.  [G.  O.  No.  518,  Sec.  7. 

CHAPTEK   LXXIX. 

WOOD. 

SECTION.  SECTION. 

1.    Ticket,  shall  be  delivered  to  pur-  2.    Cord  of  wood  defined, 

chaser,  etc.  3.    Penalty. 

SECTION  1.     Purchaser    entitled  to  ticket,   etc.— 

Every  person  keeping  a  wood  yard  and  selling  wood  in  small 
quantities,  shall  deliver  to  the  purchaser  thereof  a  ticket,  set- 
ting forth  the  quantity  so  sold  in  cords  and  fractional  cords, 
and  shall  deliver  the  quantity  set  forth  in  said  ticket.  [G.  O. 
No.  437,  Sec.  1. 

SEC.  2.  Cord  of  wood  defined. — A  cord  of  wood 
shall  consist  of  one  hundred  and  twenty-eight  cubic  feet.  [G. 
0.  No.  437,  Sec.  %. 

SEC.  3.  Penalty. — Any  person  delivering  a  less  quan- 
tity than  set  forth  in  said  ticket,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  of  not  less  than  ten  nor  more  than  fifty  dollars.  [G.  0. 
No.  437,  Sec.  3. 


660  GENERAL  ORDINANCES. 


CHAPTER   LXXX. 

WORKHOUSE. 

SECTION.  SECTION. 

1.  Workhouse,  establishment  of.  13.    Prisoners  must  obey  orders. 

2.  Superintendent,  power  and  duty  of.  14.    Penalty  for  obstructing,  etc., 

3.  Superintendent,  appointment  of ;  officers,  etc. 

bond,  etc.  15.    Articles  produced  may  be  sold. 

4.  Duty  of  officers  on  commitment  or  16.    Supplies ;  what  furnished  by  city, 

release  of  prisoners.  to  be  purchased. 

5.  Chief  of  police  to  keep  a  record,  etc.  17.  Committee  to  examine  books. 

6.  Discharge  of  prisoners ;  escape.  18.  Punishment  for  refusing  to  work,  etc. 

7.  Superintendent  to  keep  a  record  19.  Prisoner  credited  at  rate  of  one 

and  report  monthly.  dollar  per  day. 

8.  Prisoners  required  to  labor.  20.    Sexes  to  bersapara ted. 

9.  Guards,  empioymentof.  21.    Records  to  be  turned  over  to 

10.  Prisoners  must  be  fed.  successor. 

11.  Duty  of  health  officer  at  workhouse.       22.    Moneys  received  to  be  paid  over. 

12.  Rules  of  discipline  shall  be  enforced.       23.    Inventory  of  property  to  be  returned 

to  comptroller. 

SECTION  1.     Workhouse,    establishment    of. — The 

building  and  enclosures  erected  and  now  standing,  together 
with  any  addition  that  may  be  made  thereto  on  lots  numbered 
two,  three,  four,  five  and  six,  in  block  numbered  thirty-one,  in 
Kobidoux's  addition  to  the  Original  Town,  now  city  of  St. 
Joseph,  heretofore  established  as  a  workhouse  for  said  city,  is 
hereby  declared  to  be  the  workhouse  for  the  confinement  of 
persons  duly  committed  for  any  cause  by  the  chief  of  police, 
under  the  authority  of  any  execution  or  warrant  of  commit- 
ment issued  by  the  judge  of  the  police  court  of  the  city. 
[G.  0.  No.  510,  Sec.  1. 

SEC.   2.     Superintendent,  power  and  duty  of.— 

The  superintendent  of  the  workhouse  is  hereby  declared  to  be 
the  keeper  of  the  same,  and  shall  have  superintendence  and 
control  of  all  persons  detained  therein,  and  furnish  subsistence 
to  the  persons  therein  confined,  and  shall  have  the  custody, 
rule,  charge  and  the  keeping  of  the  same,  and  of  all  fixtures, 
tools  and  other  property  pertaining  thereto  ;  and  he  shall 
superintend  the  labor,  safe  keeping  and  employment  of  the 
prisoners  in  and  about  the  workhouse.  [G-.  O.  No.  510,  Sec.  2. 


WORKHOUSE.  661 

SEC.   3.     Superintendent,  appointment  of — bond, 

etc. — At  the  first  stated  session  of  the  common  council,  every 
two  years,  it  shall  be  the  duty  of  the  mayor  to  appoint  by  and 
with  the  consent  of  the  common  council,  some  competent 
person  as  superintendent  of  the  workhouse.  He  shall  perform 
such  duties  relating  to  his  office  as  are  and  may  be  enjoined 
upon  him  by  ordinance.  He  shall  receive  a  stated  annual- 
salary,  payable  in  monthly  installments,  and  shall  also  receive 
pay  for  the  subsistence  of  the  prisoners  confined  in  said  city 
workhouse,  which  pay  for  subsistence,  at  a  stated  rate  per  day, 
shall  be  fixed  in  the  general  appropriation  ordinance  for  each 
year  ;  and  he  shall  be  entitled  to  no  other  fees  or  emoluments 
whatsoever.  And  before  entering  upon  the  duties  of  his  office, 
shall  execute  a  bond  to  the  city  of  St.  Joseph,  in  the  penal 
sum  of  two  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  the  office,  as  herein  provided.  [G.  0. 
No.  510,  Sec.  3. 

SEC.  4.  Duty  of  officers  on  commitment  or  re- 
lease of  prisoners. — Whenever  the  chief  of  police  shall 
commit  any  person  to  the  workhouse,  under  the  authority  of 
any  execution  or  warrant  of  commitment  issued  by  the  judge 
of  the  police  court,  he  shall  deliver  to  the  superintendent 
thereof  a  copy  of  the  execution  or  warrant  of  commitment 
under  which  such  commitment  is  made,  and  he  shall  endorse 
thereon  the  amount  of  money  or  other  property  in  his  posses- 
sion belonging  to  the  prisoner  ;  and  the  said  superintendent 
shall  endorse  a  receipt  for  the  prisoner  on  the  execution  held 
by  the  chief  of  police,  and  no  person  shall  be  released  from 
the  workhouse  by  the  superintendent  thereof,  except  upon  the 
certificate  of  the  chief  of  police,  as  hereinafter  provided,  or  by 
an  order  of  the  mayor  ;  and  in  no  case,  unless  the  fine  and 
costs  assessed  against  the  prisoner  are  paid,  or  the  same  have 
been  remitted  by  the  common  council,  which  facts  must  be 
stated  in  the  certificate  of  the  chief  of  police  or  order  of  the 
mayor  releasing  the  prisoner.  The  superintendent  shall  return 


662  GENERAL  ORDINANCES. 

each  certificate  of  the  chief  of  police  and  order  of  the  mayor 
releasing  the  prisoners  to  the  comptroller  at  the  same  time  he 
make  his  monthly  report,  hereinafter  required.  \_G.  O.  No. 
510,  Sec.  4. 

SEC.  5.  Chief  of  police  to  keep  a  record,  etc.— 
The  chief  of  police  shall,  upon  committing  any  person  to  the 
workhouse  as  aforesaid,  in  a  book  to  be  kept  for  that  purpose, 
register  the  name,  age,  height,  sex,  color  and  nativity  of  such 
person,  with  the  date  of  such  commital  and  the  amount  of  the 
fine  and  costs  for  which  such  person  was  committed  ;  and  upon 
the  payment  to  the  chief  of  police  the  amount  due  on  any  such 
execution,  or  whenever  any  prisoner  shall  be  otherwise  legally 
entitled  to  a  discharge,  the  chief  of  police  shall  certify  that 
fact  to  the  superintendent  of  the  workhouse,  who  shall  care- 
fully preserve  said  certificate,  and  thereupon  discharge  the 
prisoner  named  therein.  \_G.  O.  No.  510,  Sec.  5. 

SEC.  6.  Discharge  of  prisoners— escape. — It  shall 
be  the  duty  of  the  superintendent  of  the  workhouse,  at  the 
expiration  of  the  term  of  imprisonment  of  each  person  confined 
in  the  city  workhouse,  to  conduct  each  person  to  the  office  of 
the  chief  of  police,  and  report  to  him  the  fact  of  such  expira- 
tion, and  receive  from  him  a  written  discharge  for  such  pris- 
oner ;  and  when  any  person  confined  in  the  city  workhouse 
shall  escape  therefrom,  the  superintendent  shall  forthwith  give 
the  chief  of  police  notice  thereof.  [G.  O.  No.  510,  Sec.  6. 

SEC.   7.     Superintendent  to  keep  a  record   and 

report  monthly. — The  superintendent  of  the  workhouse 
shall  keep  a  record  in  which  he  shall  enter  the  name  of  every 
person  committed  thereto,  and  shall  also  enter  thereon  the 
age,  height,  sex,  color  and  nativity  of  each  person  committed, 
the  date  of  such  committal  and  the  number  of  days  labor  which 
the  prisoner  must  give  to  discharge  the  fine  and  costs;  and  shall, 
on  the  first  day  of  each  month,  make  a  detailed  statement,  duly 
sworn  to  by  him,  of  all  persons  who  have  been  confined  therein 
during  the  previous  month,  the  number  of  days  of  their  several 


WORKHOUSE.  663 

confinements  during  said  month,  and  the  number  of  days'  service 
performed,  and  the  value  and  description  of  the  work  performed 
by  them  in  detail,  the  sex  and  nativity  of  all  the  prisoners, 
together  with  the  names  of  all  persons  descharged  or  released 
during  said  month,  and  by  what  authority,  the  number  of  days 
and  parts  of  days  each  and  every  prisoner  confined  in  the  work- 
house has  been  furnished  food,  and  the  number  of  meals 
furnished  each  prisoner;  which  said  report  shall  be  filed  in  the 
ofiice  of  the  city  comptroller.  [G.  O.  No.  510,  Sec.  7. 

SEC.  8.  Prisoners  required  to  labor. — Upon  the 
committal  of  any  person  to  the  workhouse,  the  superintendent 
thereof  shall  divest  such  person  of  all  articles  of  value  and  all 
unnecessary  wearing  apparel,  which  shall  be  registered  in  a 
book  to  be  kept  for  that  purpose,  and  shall  be  returned  to  the 
owner  upon  his  being  discharged.  It  shall  be  the  duty  of  the 
superintendent  of  the  workhouse  to  cause  all  male  prisoners 
confined  therein  to  be  kept  at  labor  at  least  eight  hours  in 
each  day  (except  Sunday),  within  the  limits  of  the  city  work- 
house and  grounds,  at  such  public  work  for  the  city  as  the 
mayor  and  common  council  may  from  time  to  time  direct. 
[G.  0.  No.  510,  Sec.  8. 

SEC.  9.  Guards,  employment  of. — The  superinten- 
dent of  the  workhouse  may  with  the  consent  of  the  workhouse 
committee  and  the  approval  of  the  common  council,  employ 
one  or  more  guards  as  may  be  necessary  for  the  control  and 
safe  keeping  of  the  prisoners ;  which  said  guards  shall  perform 
such  duties  as  the  superintendent  may  direct  in  and  about  the 
guarding,  management,  control  and  working  of  the  prisoners. 
Said  guards  shall  be  paid  such  compensation  for  their  services 
as  the  common  council  may  from  time  to  time  prescribe.  Any 
guard  while  on  duty  found  in  the  state  of  intoxication  or  other- 
wise failing  in  the  discharge  of  his  duties,  shall  be  forthwith 
discharged.  [G.  0.  No.  510,  Sec.  9. 

tSEc.  10.     Prisoners  must  be  fed. — The   workhouse 
all  at  all  times  be  kept  clean,  in  good  order  and  in  a  healthly 


664  GENERAL  ORDINANCES. 

condition  ;  and  the  superintendent  shall  furnish  the  prisoners 
confined  therein  with  a  sufficient  supply  of  good  and  whole- 
some food,  three  times  each  day,  for  which  he  shall  be  allowed 
such  price  per  diem,  for  each  prisoner,  as  the  common  council 
may  prescribe.  \_G.  O.  No.  510,  Sec.  10. 

SEC.  11.     Duty  of  health  officer  at  workhouse.— 

Whenever  any  prisoner  is  sick,  the  superintendent  shall  immed- 
iately notify  the  health  officer  of  the  fact,  and  he  shall  forth- 
with visit  the  sick  prisoner  and  see  that  he  is  furnished  with 
proper  food,  medicines  and  care  ;  the  health  officer  may,  if  he 
deem  it  necessary,  have  any  sick  prisoner  conveyed  to  the  city 
hospital,  and  when  any  prisoner  taken  to  the  city  hospital  shall, 
in  the  opinion  of  the  health  officer,  have  sufficiently  recovered 
to  be  able  to  work,  he  shall,  if  his  term  of  sentence  shall  not 
have  already  expired,  be  recommitted  to  the  workhouse,  to 
work  out  the  remainder  of  his  fine  and  costs  ;  the  health  officer 
shall  at  least  every  two  weeks,  visit  the  dining  room  of  the 
prisoners,  during  meal  time,  and  if,  in  his  opinion  the  food  of 
the  prisoners,  is  not  sufficient  or  proper,  he  shall  immediately 
report  the  fact  to  the  common  council ;  and  he  shall  also  inspect 
the  dormitories  and  water  closets,  and  make  such  recommend- 
ations in  relation  to  the  food  and  sanitary  condition  of  the  dor- 
mitories and  water  closets  as  may  be  requisite  for  the  health  of 
the  prisoners.  \_G.  O.  No.  510,  Sec.  11. 

SEC.  12.     Rules  of  discipline  shall  be  inforced  - 

The  superintendent  of  the  workhouse  may  adopt  rules  of  dis- 
cipline to  be  approved  by  the  workhouse  committee  ;  he  shall 
read  said  rules  to  each  person  committed,  at  the  time  of  his  or 
her  reception,  and  shall  also  keep  posted  in  conspicuous  places 
in  and  about  the  workhouse,  printed  copies  of  such  rules,  and 
it  shall  be  the  duty  of  said  superintendent  to  rigidly  enforce 
said  rules  and  to  maintain  toward  persons  under  his  charge  a 
uniformly  humane  and  dignified  deportment.  [#.  O.  No. 
510,  Sec.  12. 


WORKHOUSE.  665 

SEC.  13.  Prisoner  must  obey  orders. — Every  pris- 
oner committed  to  the  workhouse  shall  obey  the  superintendent 
thereof  in  all  his  lawful  commands,  and  shall  not  molest  or 
hinder  him  in  the  discharge  of  his  duty,  and  shall  nor  escape 
or  attempt  to  escape,  or  assist  others  to  escape  or  attempt  to 
escape  therefrom,  or  destroy  or  injure  any  property  appertain- 
ing to  the  workhouse,  and  shall  not  transgress  or  violate  the 
rules  of  discipline  or  any  of  them.  Any  person  violating  any 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  subject  to  a  fine  of  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars.  \_G. 
0.  No  510,  Sec.  13. 

SEC.  14,  Penalty  for  obstructing,  etc.,  officer, 
etc. — The  superintendent,  any  officer  of  the  workhouse  or  any 
member  of  the  police  or  fire  departments,  may  arrest  without 
warrant  any  person  who  shall  have  escaped  from  the  work- 
house or  any  person  found  trespassing  upon  the  workhouse 
grounds  or  premises,  or  attempting  to  rescue  any  prisoner,  or 
assisting  or  attempting  to  assist  any  prisoner  to  escape,  or  hin- 
dering or  obstructing,  or  attempting  to  hinder  or  obstruct  the 
superintendent,  guards  or  other  officers  of  the  workhouse  in 
the  lawful  discharge  of  their  duties  ;  and  any  person  who  shall 
molest  or  interfere  with  the  said  superintendent,  guards  or 
other  officers  of  the  workhouse,  or  prisoners  in  their  custody 
or  charge,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars.  [G.  0.  No.  510,  Sec.  14. 

SEC.  15.     Articles   produced   may  be  sold. — The 

superintendent  may,  with  the  consent  of  the  comptroller  and 
the  committee  on  workhouse,  sell  or  otherwise  dispose  of  any 
article  used,  made  or  produced  in  or  about  the  workhouse,  and 
shall  pay  the  proceeds  into  the  city  treasury,  to  be  placed  to 
the  credit  of  the  general  fund.  \_G.  O.  No.f510,  Sec.  15. 

SEC.  16.  Supplies  ;  what  furnished  by  city,  to 
be  purchased. — The  superintendent  of  the  workhouse  shall 

47 


666  GENERAL  ORDINANCES. 

have  the  use  of  the  kitchen  and  cooking  utensi's  of  the  city  at 
the  workhouse.  He  shall  furnish  everything  necessary  for  the 
sustenance  and  comfort  of  the  prisoners,  which  shall  include 
fuel  for  cooking  purposes  and  bedding  for  the  dormitory.  The 
city  shall  furnish  fuel  for  heating  purposes,  light  and  water  t-'or 
the  city  workhouse,  and  also  medicines  and  necessary  boots  and 
shoes  and  clothing  for  the  prisoners.  Provided,  that  no  pur- 
chases on  account  of  the  city  shall  be  made  without  the  written 
consent  of  the  workhouse  committee.  [G.  O  No.  510,  Sec.  16. 

SEC.   17.     Workhouse     committee     to    examine 

books  and  accounts. — T he  committee  on  workhouse  shall, 
once  in  every  month,  inspect  said  workhouse  and  its  manage- 
ment, examine  the  books  and  accounts  of  the  superintendent, 
and  report  at  once  to  the  common  council,  in  writing,  any 
neglect  or  violation  of  the  duties  and  obligations  of  the  super- 
intendent, any  officer  or  employe  of  the  workhouse.  [G.  O. 
No.  510,  Sec.  17. 

SEC.   18.     Punishment  for  refusing  to  work,  etc. 

— Any  person  who  shall  i  efuse  to  work,  or  who  shall  behave 
in  a  riotous  or  disorderly  manner,  or  shall  resist  or  attempt  to 
escape  from  the  workhouse,  may  be  committed  to  close  and 
solitary  confinement,  and  may  be  fed  on  bread  and  water 
until  he  consents  to  perform  his  duty;  and  may,  if  necessary, 
be  put  in  irons;  but  the  workhouse  committee  shall  have  power 
to  control ,  the  superintendent  in  the  extent  and  manner  of 
punishment.  [G.  0.  No.  510,  Sec.  18. 

SEC.  19.  Prisoner  credited  at  rate  of  one  dollar 
per  day. — Any  person  committed  to  .said  workhouse  for  the 
non-payment  of  any  fine  imposed  by  the  judge  of  the  police 
court,  shall  be  credited  at  the  rate  of  one  dollar  per  day.  If 
any  person  shall  be  sick  and  shall  in  the  opinion  of  the  health 
officer  be  unable  to  work,  he  shall  be  allowed  his  time  as 
though  he  had  worked.  Prisoners  who  cannot  work,  by 
reason  of  the  inclemency  of  the  weather  shall  nevertheless,  be 


WORKHOUSE.  667 

allowed  a  credit  as  though  they  had  worked.  \_G.  0.  No.  510, 
Sec.  19, 

SEC.  20.  Sexes  to  be  separated. — The  superintend- 
ent shall  not  permit  male  and  female  prisoners  to  occupy  the 
same  apartment.  \_G.  O.  No.  510,  Sec.  W. 

SEC.  21.  Records  to  be  turned  over  to  succes- 
sor.— All  records  required  to  be  kept  by  the  superintendent 
shall  be  preserved  and  by  him  turned  over  to  his  successor. 
[G.  0.  No.  310,  Sec.  %1. 

SEC.  22.     Moneys  received  to  be  paid  over. — The 

superintendent  shall  pay  all  moneys  received  by  him  belonging 
to  the  city,  into  the  city  treasury  on  the  last  business  day  in 
each  month,  and  shall  take  triplicate  receipts  therefor  from  the 
city  treasurer,  one  of  which  he  shall  file  with  the  city  auditor, 
one  with  the  comptroller  and  the  other  retain.  \_G.  0.  No. 
510,  Sec.  m. 

SEC.  23.  Inventory  of  property  to  be  returned 
to  comptroller. — The  superintendent  shall,  at  the  end  of 
each  year  make  and  return  to  the  city  comptroller,  duly  veri- 
fied, a  complete  inventory  of  all  personal  property  of  the  city, 
which  was  delivered  to  him  by  his  predecessor  in  office,  and  all 
property  delivered  to  him  during  the  year,  and  remaining  in 
his  possession  on  the  last  day  of  the  fiscal  year,  together  with 
such  other  facts  as  the  comptroller  may  require.  [  G.  O.  No. 
510,  Sec.  23. 


Authentication  of  General  Ordinances. 


STATE  OF  MISSOURI,        ) 
COUNTY  OF  BUCHANAN,  ( 

I,  CHAS.  S.  SHEPHERD,  City  Clerk  of  the  City  of  St.  Joseph, 
County  and  State  aforesaid,  hereby  certify  that  the  foregoing 
compilation  of  laws  applicable  to  the  City  of  St.  Joseph,  and 
General  Ordinances  of  the  City  of  St.  Joseph,  was  made  under 
the  provisions  of  Special  Ordinance  No.  1920,  entitled  "An 
ordinance  authorizing  CHAS  S.  SHEPHERD  to  draft,  codify  and 
revise  all  necessary  ordinances  for  the  City  of  St.  Joseph,  and 
also  to  codify  all  laws  of  the  State  which  pertain  to  the  gov- 
ernment of  the  city  of  St.  Joseph,  and  to  superintend  the  printing 

thereof,"   approved  January    7th, 

1896. 

IN  TESTIMONY  WHEREOF,  I  have 

hereunto  set  my  hand  and   affixed 

the  official  seal  of  the  City  of  St. 

Joseph,  aforesaid. 

Done  at  the  City  Clerks'  office  in 

the  City  of  St.   Joseph,  this  15th 

day  of  July,  A.  D.  1897. 

CHAS.  S.  SHEPHERD, 

City   Clerk. 


INDEX  TO  LAWS 


GOVERNING 


THE  CITY  OF  ST.  JOSEPH. 


48 


(669) 


INDEX  TO  LAWS 


GOVERNING 


THE  CITY  OF  ST.  JOSEPH. 


ABATEMENT-  SEC.        PAGE 

of  imisaiice,  powers  of  common  council 1  48 

of  tax,  comptroller  may  cause 61  96 

ABBREVIATIONS- 
ID  description  of  property  assessed 63  97 

ABSENCE- 

of  mayor,  president  of  council  may  act 14  29 

of  police  judge,  justice  of  the  peace  may  act 9  214 

ACCOUNTS— 

officers  may  be  required  to  exhibit 10  32 

to  be  settled  by  officers,  when 11  42 

ACTIONS— 

to  recover  property  sold  under  tax  deed 56  95 

to  recover  delinquent  taxes 66  99 

what  taxes  may  be  included  in  one  suit 70  101 

for  damages  for  personal  injuries,  against  city 1  200 

not  maintained  unless  notice  is  given 2  201 

ACTS- 

repeal  of,  how  construed 4  213 

ADDITIONS— 

to  be  part  of  the  county  seat 2  4 

how  laid  out,  to  be  platted 3  141 

plat  to  be  approved 2,  4    140-141 

ADVERTISEMENTS— 

for  bids  for  deposit  of  city  money 9  41 

for  purchase  of  bonds 13  61 

by  assessor  for  tax  lists 4  63 

of  delinquent  property 34  81 

of  unredeemed  property 51  90 

671 


INDEX  TO  LAWS. 

AGENTS-                                                                         SEC.  PAGE 

of  the  city  may  be  provided  for 3,  1  33-56 

ALDERMAN— SEE  COMMON  COUNCIL. 

in  new  ward 8  25 

to  fill  out  term 9  26 

election  of  and  term  of  office 1  26 

who  eligible 2  27 

oath   of 3  27 

vacancy,  how  filled 7  28 

not  to  hold  other  office 8  28 

compensation  of 9  28 

conservator  of  the  peace 6  213 

ALLEY— SEE   STREETS. 

condemnation  of  private  property  for 1  114 

AMENDMENT— 

of  ordinance  must  not  change  original  purpose 2  43 

section  shall  be  set  forth  in  full 5  44 

ANIMALS— 

slaughtering  of,  power  to  regulate  or  suppress 1  48 

fast  driving  or  abuse  of 1  53 

may  be  impounded 1  53 

intended  for  food,  power  to  provide  for  inspection  of .  2  57 

APPEAL— 

from  judgment  of  police  court 3  38 

board  of,  on  assessments 14  69 

in  proceedings  to  grade  streets 11  123 

city  must  give  bond  on 11  214 

jurisdiction  in  cases  for  violation  of  ordinances 13  218 

APPOINTMENTS— SEE  OFFICERS— 

to  fill  vacancy 7  31 

now  confirmed 8  32 

of  officers  by  mayor 1,  2  32-33 

officer  cannot  hold  two,  under  city  government 16  36 

APPROPRIATION  OF  MONEY— SEE  MONEYS. 

for  payment  of  debts,  powers  of  council 1  47 

for  roads,  powers  of  council 4  57 

ordinances  contemplating,  must  be  indorsed  by  comp- 
troller   11  59 

not  to  be  in  excess  of  revenue 11  59 

limit  on   12  60 

for  relief  of  outdoor  poor,  charity  board  shall  dis- 
pense    1  162 


INDEX  TO  LAWS. 


673 


ASSESSMENT— SEE  REVENUE.                                              SEC.  PAGE 

property  how  to  be  valued 11  7 

estimate  for  limiting  loan,  obtained  from  what....     1  47 

when  to  be  made 5  64 

list,  when  to  be  delivered  to  assessor 6  64 

of  corporation   9  66 

of  corporation  property 10  x      67 

how  returned 11  68 

to  be  equalized  by  board  of  appeals 13-15  69-70 

of  property  to  be  charged  with  cost  of  grading  street .     3  128 

for  cleaning  and  sprinkling  streets,  alleys,  etc 4  139 

of  street  railroad  property 7  197 

to  be  taxed  as  other  railroad  property 8  198 

of  railroad  property 2-7    215-217 

ASSESSOR— SEE  REVENUE. 

to  be  appointed 2  33 

may  appoint  deputies 3  63 

to  be  at  office 7  65 

ASYLUMS— 

for  insane,  power  to  purchase  or  rent 1  48 

ATTORNEY- 

city  attorney  to  be  elected,  term  of  office 3  33 

duties  of 5  38 

fees  for  collecting  taxes 74  103 

AUDITING  COMMITTEE— 

how  constituted,  to  pass  on  what  claims 10  42 

AUDITOR— 

of  city,  to  be  elected 3  33 

general  duties  of 6  39 

must  extend  taxes  and  deliver  books  to  collector.   17  72 

must  attend  tax   sales 38  82 

penalty  for  failure  to  attend  sale 41  84 

penalty  for  failure  to  perform  duty  64  99 

of  state,  must  certify  assessment  of  railroad  property    4  216 
AVOCATIONS— 

power  to  license,  tax  and  regulate 1  50 

not  taxable  when 9  59 

BACK  TAX  BOOK— 

how  made  out 11  218 

BALLOT -SEE   ELECTIONS. 

in    voting    for    organization    as    a    city    of    second 

class  4-5  19 

all  elections  to  be  by 7  34 

form  of  in  election  for  bonds 3,  11    105-108 


674  INDEX  TO  LAWS. 

BAWDY  HOUSE—                                                                            SEC  PAGE 

city  may  suppress 1  51 

prohibited 12  214 

BEGGARS— 

may  be  restrained  and  punished 1  53 

BEQUESTS  AND  DONATIONS— 

city  may  receive  in  fee  simple  or  trust 1  22 

charity  board  may  take  or  assume  care  of 1  162 

BICYCLES— 

license  for,  minimum  amount  to  be  charged 1  51 

BILL-SEE  ORDINANCES- 

when  an  ordinance 3  44 

BIRTHS— 

power  to  enforce  registration  of 1  51 

BOARD  OF  APPEALS— 

notice  of  sitting,  of 13  69 

who  constitute 14  69 

proceedings  of  15  70 

BOARD,  CHARITY— SEE  CHARITIES. 

created  in  certain  counties 1  162 

BOARD  OF  EQUALIZATION,  STATE— 

to  make  apportionment  of  railroad  property 3          216 

BOARD  OF  HEALTH— 

how  created,  powers  and  duties 1  49 

of  state,  quarantine  powers 17          220 

BOARD  OF  LIBRARY  DIRECTORS— SEE  PUBLIC  LIBRARY. 

appointment  of 2          157 

BOARD  OF  POLICE  COMMISSIONERS— SEE  POLICE— 

established 3          166 

BOARD  OF  PUBLIC  WORKS— SEE  PUBLIC  WORKS. 

shall  prepare  estimate  of  streets,  etc.,  to  be  cleaned 

and  sprinkled 4          139 

city  of  second  class  authorized  to  establish 1          178 

BOARD  OF  REVISION— 

of  registration 9          207 

BONDS— 

renewal  bonds,  right  of  city  to  issue 6  4 

of  city  officers,  council  may  prescribe  amount,  etc ...  13  35 
payment  of,  comptroller  shall  certify  amount  to  be 

raised  for 8  39 

warrant  for,  shall  have  mayor's  approval,  when.  .  8  39 

money  to  pay  interest  may  be  borrowed 8  39 

for  public  contracts,  comptroller  to  approve 8  39 


INDEX  TO  LAWS.  675 

BONDS— Continued.  SEC.  PAGE 

bond  of  comptroller,  approved  by  mayor 8  39 

for  deposit  of  city  moneys,  approved  by  council 9  41 

may  be  issued  in  renewal  of  outstanding  bonds,  when  1  47 

tax  for  payment  of 1  47 

tax  for  sinking  fund,  how  levied  and  applied 13  61 

assessor  liable  on,  for  acts  of  deputies 3  63 

of  various  officers,  forfeiture  on. . . 64  99 

to  cover  indebtedness  may  be  issued,  when 4  105 

for  improvements  may  be  issued 7  106 

ordinance  for 8  106 

notice  of  election  for 10  107 

sale  of  15  110 

taxes  to  pay  interest  and  principal 16  111 

to  be  numbered 17  112 

bonded  indebtedness,  proceedings  for  funding 18  112 

of  contractors  for  improvements,  conditions  of 9  135 

of  custodian  of  firemen's  pension  fund 15  153 

of  treasurer  of  police  commissioners 3  166 

of  chief  of  police 7  170 

of  board  of  public  works 1  178 

shall  be  required  for  all  public  works 1  187 

who  may  sue  on  2  187 

purchaser  of  franchise,  to  give 3  189 

on  appeal,  city  shall  give 11  214 

BOOKS- 

land  and  personal  tax  books,  how  designated 17  72 

to  show  what , 18  73 

to  be  received  in  evidence 73  102 

defined  and  explained  75  103 

of  registration,  penalty  for  destroying 24  211 

BOULEVARDS— SEE  STREETS,  ALLEYS,  &TC. 

what  cities  shall  have  power  to  establish 1  136 

council  may  authorize  construction  of 2  136 

BOUNDARIES— 

of  wards,   how  changed 3  24 

of  city,  power  to  extend 1  56 

BOYS- 

reform  school  for 20  220 

BREAD— 

power  to  regulate  weight  and  quality 1  53 

BRIDGES— 

power  to  construct,  repair  and  regulate 1  50 

BUILDINGS— 

municipal,  power  to  erect,  purchase  or  rent 1  48 


676  INDEX  TO  LAWS. 

BUILDINGS— Continued.  SEC  PAGE 

office,  etc.,  power  to  license,  tax  and  regulate 1  50 

powers  of  council  concerning  construction  of,  etc. . .  1-2    146-147 
BURIAL  GROUND— 

city  may  hold  and  protect 1  193 

lots  in,  how  conveyed 2  199 

BUSINESS— 

power  to  license,  tax  and  regulate  all  kinds  of 1  50 

not  taxable  when  9  59 

CARRIAGES— 

power  to  license,  tax  and  regulate 1  50 

minimum  amount  to  be  charged 1  51 

CARTAGE- 

power  to  fix  rates  of 1  50 

CATTLE— 

may  be  prohibited  from  running  at  large 1  53 

CEMETERY-SEE  BURIAL  GROUND. 

exempt  from  taxation 6  6 

CENSUS— SEE  ENUMERATION. 

class  of  city  shall  be  determined  by,  what 2  13 

may  be  taken  when ! 5  14 

CERTIFICATE— 

of  election  or  appointment,  delivery  of  to  city  clerk.  .  14  35 

to  be  recorded  by  city  clerk 15  36 

of  assessor  to  assessment 12  69 

of  purchase  given  by  collector 43  86 

to  publication  of  list  of  unredeemed  lauds 52  90 

of  circuit  judge  to  bond  ordinance 9  107 

that  bonds  may  be  legally  issued 12  108 

of  approval  of  plat  by  common  council 2  140 

of  recorder  on  copies  of  plats 5  141 

of  registration  on  removal  of  voter 9  207 

of  election  shall  not  be  issued,  when 15  219 

CHARITIES- 

not  to  be  taxed 6  6 

charity  board  created,  powers  and  duties 1  162 

how  constituted,  terms  of  office 2  163 

organization  of,  expenditures  limited 3  163 

treasurer  of,  duties,  bond 4  164 

record  of  proceedings  to  be  kept,  shall  report. ...  5  164 

duty  of  board  as  to  applicants  for  relief 6  164 

police  commissioners  and   health  officers  to  aid 

board 7  165 

CHURCHES- 

exempt  from  taxation 6  6 


I.XDKX  TO  LAWS.  677 

CIGARETTES—  SEC.       PAGE 

power  to  prohibit  sale  of  to  minors G  58 

CITIES— 

may  be  authorized  to  create  firemen's  pension  fund.  .  47  3 

*  subscription  by,  prohibited 6  4 

organization  and  classification 7  5 

liable  for  state  taxes 9  7 

taxes  of,  how  assessed 10  7 

indebtedness  of,  limited 12  8 

of  the  second  class  defined 1  13 

how  incorporated   2  13 

effect  of  change 3  14 

shall  not  be  organized,  when 4  14 

class  of,  how  changed 5  14 

CITY  OF  THE  SECOND  CLASS— 

city  of  St.  Joseph  incorporated  as  a 1-9  18-22 

corporate  powers  of 1  22 

courts  shall  take  judicial  notice  of 2  23 

wards  of,  how  changed 3-4  24 

annexed  territory  to  be  organized  into  new  ward ....     5  24 

wards  not  to  be  changed,  when 6  25 

wards  shall  be  of  adjacent  territory  and  numbered.  .     7  25 

election  of  alderman  in  new  ward 8  25 

alderman  to  fill  out  term  for  which  elected 9  26 

legislative  functions  of,  vested  in  a  common  council.     1  26 

general  powers  of  mayor  and  common  council 1  45 

limit  of  indebtedness 1,6    104,106 

not  liable  for  work  on  special  tax  bills 1  125 

streets  may  be  graded  at  expense  of  city 3  128 

shall  pay  for  repairing  streets,  alleys,  etc 6  132 

power  to  construct  boulevards 2  137 

may  establish  general  plan  of  streets,  etc 1  140 

may  establish  a  board  of  public  works 1  178 

damage  suits  against,  liability  limited 1  200 

action  against,  on  account  of  injuries,  notice  required     2  201 

shall  give  bond  on  appeal 11  214 

CLAIMS- 

auditing  committee  shall  pass  upon,  what 10  42 

CLERK— 

of  city,  appointment  of 2  33 

clerks  of  election,  council  may  provide 10  35 

of  city,  general  duties  of 1  37 

shall  act  as  clerk  of  board  of  appeals 15  70 

shall  be  member  of  board  of  trustees  of  firemen's 

fund 5  149 

of  county  court,  to  extend  taxes.  .                                        9  218 


678  INDEX  TO  LAWS. 

COAL,  ETC.-                                                                                    SEC.  PAGE 

power  to  provide  for  inspection  and  weighing  of. ...  1  53 

COAL  OIL— 

factory,  power  to  regulate  or  supress 1  48 

inspector,  shall  report  to  mayor 14  218 

COLLECTIONS— 

to  be  paid  over  to  city  treasurer 1  212 

COLLECTOR— SEE  TREASURER— 

treasurer  is  ex-officio  collector— general  duties 7  39 

erroneously  reporting  lands  delinquent,  penalty  for .  .  12  218 

COMBUSTIBLES- 

power  to  regulate  or  prohibit  storage  of 2  146 

COMMISSIONERS— SEE  POLICE. 

to  ascertain  grade  damages,  appointment  of 7  121 

duties  of 8  121 

police,  board  of  established 3  166 

COMMITTEE— 

chairman  of,  authorized  to  administer  oaths 15  29 

auditing,  composed  of  whom — duties 10  42 

all  ordinances  must  be  reported  upon  by  a 2  43 

COMMON  COUNCIL— SEE  ALDERMEN— SEE  PUBLIC  WORKS. 

legislative  functions  vested  in 1  26 

may  elect  president— judge  of  qualifications  of  mem- 
bers   5  27 

vacancies  in,  how  filled 7  28 

meetings  when  held;  mayor  may  call  special 10  28 

majority  of,   shall  constitute  a  quorum 11  29 

may  determine  its  rules  and  punish  or  expel  mem- 
bers   12  29 

shall  keep  a  journal— yeas  and  nays  to  be  entered 

therein 13  29 

president  of,  shall  exercise  duties  of  mayor,  when.  .  14  29 
may  compel  attendance  of  witnesses  and  production 

papers 15  29 

may  remove  mayor  or  other  elective  officer,  when .  .  6  31 

consent  of,  necessary  in  remitting  fines,  etc 7  31 

may  appoint  person  to  fill  office,  when 7  31 

majority  of,  necessary  to  confirm  appointment.  .....  8  32 

shall  fix  salaries  of  officers ; 4  33 

city  clerk  shall  record  proceedings  of 1  37 

passage  of  ordinance  over  veto,  vote  required 6  44 

proceedings  of,  to  be  published 8  45 

general  powers  of 1  45 

may  cause  inspection  of  animals  intended  for  food ...  2  57 

power  to  regulate  milk  dairies  and  sale  of  milk 3  57 

may  repair  or  construct  roads  leading  into  city 4-5  57 


INDEX  TO  LAWS.  679 

COMMON  COUNCIL— Continued.  SEC.  PAGE 

may  prohibit  sale  of  cigarettes,  etc.,  to  minors 6  58 

may  cause  convicted  prisoners  to  be  put  to  work.  ...  7  58 

not  authorized  to  tax  professions 8  59 

cannot  tax  business,  when 9  59 

cannot  tax  produce,  when 10  59 

shall  apportion  revenue,  when 11  5^ 

limit  on  appropriations  by 12  60 

shall  levy  tax  for  sinking  fund 13  61 

to  levy  taxes  at  the  first  annual  meeting 16  70 

may  fund  bonded  indebtedness 18  112 

shall  prescribe  beneficiary  limits  for  grading,  when.  2  119 

may  cause  streets  to  be  graded  , improved  or  repaired  1  125 

may  grade  streets,  etc.,  at  expense  of  city 3  128 

shall  determine  width  of  sidewalks 7  133 

may  cause  construction  of  boulevards,  when 2  136 

may  provide  that  tax  bills  for  street  improvements 

and  sewers  be  payable  in  five  installments 3  137 

may  order  streets  cleaned  and  sprinkled  and  assess 

portion  of  cost  to  abutting  property 4  ^39 

to  establish  general  plan  for  location  and  grading  of 

streets,  etc 1  140 

may  approve  plat  of  land 2  140 

power  to  establish  general  sewer  system 1  143 

may  cause  district  sewers  to  be  constructed 2  143 

may  condemn  private  property  for  use  of  public 

sewers 4  145 

may  prohibit  erection,  or  repair  of  wooden  buildings 

within  prescribed  limits 1  146 

power  to  provide  against  fires 2  146 

power  to  appoint  firemen 3  147 

may  purchase  or  condemn  lands  for  parks,  etc 1  155 

may  provide  penalties  for  injuring  property  or  fail- 
ure to  return  book  of  public  library 8  159 

not  to  interfere  with  police  etc 1  165 

shall  sell  franchise  to  highest  bidder 1  188 

may  erect  and  maintain  waterworks 1  190 

may  own  and  operate  water,  gas  and  electric  works.  3  191 
may  authorize  electric  light  company  to  set  poles, 

wires,  etc.,  in  streets 4  191 

telephone  and  telegraph  wires,  consent  of,  must  be 

obtained  to  place  under  ground 5  196 

may  direct  construction  or  alteration  of  telephone 

and  telegraph  line,  when 6  192 

may  control  construction  of  street  railways,  etc 1  193 

may  hold,  regulate  and  protect  burial  ground 1  198 

may  provide  for  voting  precincts,  etc 19  210 


680  INDEX  TO  LAWS. 

COMPENSATION— SEE  FEES.                                                 SEC.  PAGE 

of  officers  not  to  be  increased,  when 8  10 

COMPTROLLER,  CITY— 

to  be  appointed . 2  33 

shall  approve  official  bonds 14  35 

warrants  on  treasurer  must  be  countersigned  by 7  39 

shall    make    tAvo    reports    each    year— may    appoint 

deputy 8  39 

shall  possess  qualifications  of  mayor 8  39 

to  let  city  moneys  to  bank 9  41 

indorsement  of,  necessary  on  apropriation  ordinance  11  59 

shall  apply  sinking  fund,  how 13  61 

to  be  member  of  board  of  appeals 14  69 

may  abate  tax,  when 61  96 

may  order  delinquent  tax  sale  discontinued 65  99 

shall  control  use  of  money  and  bonds  for  improve- 
ments     15  110 

shall  be  member  of  board  of  trustees  of  firemen's 

fund 5  149 

CONDEMNATION— 

of  private  property  for  public  use 1  114 

commissioners  to  assess  damages 3  115 

duty  of  commissioners 4  116 

dismissal  of  proceedings 8  117 

condemnation  for  particular  uses 11  118 

for    occupation    or    possession    in    construction    and 

repair  work  of  public  sewers 4  145 

for  parks  or  pleasure  grounds 1  155 

proceedings   for 2  156 

power  to  condemn  grounds  for  waterworks 1  190 

CONSERVATORS  OF  THE  PEACE— 

what  officers  are 6  213 

CONSTITUTION  OF  STATE— 

provisions  affecting  cities 3-10 

CONTRACTS— SEE  PUBLIC  WORKS— 

alderman  shall  not  be  interested  in,  what 2  27 

officer  interested  in  city  contract,  penalty  for 16  36 

comptroller  to  keep  record  of  and  approve  bonds ....     8  39 

for  deposit  of  city  moneys 9  41 

money  must  be  first  appropriated  for 12  60 

for  city  improvements  to  contain  what 9  135 

for  public  work,  bond  required  for 1  187 

for  water,  approved  by  electors,  when 2  190 

shall  be  let  to  lowest  and  best  bdder 2  212 

CORPORATIONS— 

power  to  tax 2  6 


INDEX  TO  LAWS.  681 

CORPORATIONS—  Continued.  SEC.       PAGE 

railroad,  subject  to  taxation 5  6 

power  to  license,  tax  and  regulate 1  50 

power  to  cast  vote,  when  city  is  stockholder  in 1  56 

how  assessed 9-10  66-67 

shares  of  stock,  may  be  sold  for  taxes 29  78 

street  railroad,  return  of  property  for  taxation 7  197 

how  assessed • 8  198 

railroad,  taxes  how  levied 1  215 

how  assessed 2-8    215-217 

COSTS— 

of  abating  nuisance,  how  assessed  and  taxed 1  49 

in  condemnation  proceedings,  by  whom  paid 7  117 

of  grading  and  paving  streets,  how  apportioned ....     2  126 

of  repairing  streets  and  sidewalks 6  132 

of  cleaning  and  sprinkling  streets,  etc.,  how  appor- 
tioned      4  139 

COUNCIL-SEE  COMMON  COUNCIL-SEE  ALDERMAN. 

COUNSELOR,  CITY— 

to  be  appointed 2  33 

general  duties  of 4  38 

city  attorney  shall  be  assistant  of 5  38 

shall  collect  delinquent  taxes— fees 30  79 

to  file  petition  in  condemnation  proceedings 1  114 

shall  be  member  of  board  of  trustees  of  firemen's  fund    5  149 

COURT,  POLICE— 

judge,  election  of 3  33 

jurisdiction  of 3  38 

city  attorney  to  attend  cases  in .1  38 

persons  sentenced  by,  may  be  imprisoned  where 1  55 

may  be  put  to  work,  etc 7  58 

police  to  bring  persons  arrested,  before  judge  of. ...   16  176 

title  of  "recorder"  changed  to  "judge"  of 7  213 

duties  of  judge  of,  not  affected 8  214 

justice  may  act  as  judge  of,  when 9  214 

COURT,  COUNTY— 

shall  appoint  three  members  of  charity  board 2  163 

president  of  shall  be  ex-officio  member 2  163 

shall  appoint  registrars 4  204 

to  levy  city  tax  on  railroad  property 8  217 

shall  apportion  foreign  insurance  tax 25  222 

COURT,  CIRCUIT— 

to  have  supervisory  control  of  registration 16  209 

COURT,  CRIMINAL— 

has  exclusive  appellate  jurisdiction  in  what  cases..   13  218 


IKDEX  TO  LAWS. 

COURTS-  SEC.        PAGE 

shall  take  judicial  notice  of  city  and  class 2  23 

counselor  shall  appear  for  city  in,  what 4  38 

shall    take    judicial    notice    of    ordinance    extending 

limits 1  56 

jurisdiction  of,  in  tax  suits 67,  71  100,  101 

sentence   of   girl   to   industrial   school,    approved   by 

what 21  221 

COW  STABLES— 

power  to  regulate,  suppress  or  abate 1  48 

CREDIT  LOANING-PROHIB1TED- 

by  municipalities 47,  6  3,  4 

DAIRIES— 

power  to  regulate,  suppress  or  abate 1  48 

power  to  license  and  regulate / . . . .     3  5? 

DAMAGES— 

in  condemnation  proceedings,  commissioners  to  assess    3  115 

how  assessed,  to  be  a  lien  against  property 4  116 

appropriation  to  pay,  when  made 9  118 

to  be  paid  into  court,  when 10  118 

caused  by  grading,  notice  of  time  for  assessing 6  120 

for  right  of  way  of  street  railroad— proceedings 4  194 

city  liable  for  when  caused  by  riot 2  199 

paid  by  city,  recoverable  from  rioter 4  200 

suits  for,  against  city,  liability  limited 1  200 

action  against  city  for,  on  account  of  injuries 2  201 

DEAD  BODIES— 

how  disposed  of 18  200 

DEATHS— 

power  to  enforce  registration  of 1  51 

DEED— 

of  property  sold  for  taxes,  when  made 53  90 

form  of 54  91 

what  proof  necessary  to   defeat 55  93 

to  be  recorded 57  95 

effect  or  recording ; 58  95 

DELINQUENT  TAXES— SEE  REVENUE. 

to  be  carried  forward 20  74 

how  collected 25-26  76-77 

when   tax   payer    removes 28  77 

suit  may  be  brought  for 66  99 

DISEASES,  CONTAGIOUS— 

power  to  make  regulations  to  prevent  introduction  of     1  49 

DISORDERLY  HOUSES— 

power  to  suppress 1  51 


IKDEX  TO  LAWS.  683 

DOGS-                                                                                                        SEC.  PAGE 

dog  fights,  power  to  suppress 1  51 

power  to  tax,  regulate,  restrain,  etc 1  54 

DRAM  SHOPS— 

power  to  restrain,  regulate,  license,  tax  or  suppress.     1  52 
EDUCATION— 

funds  not  to  be  used  for  sectarian  purposes 11  9 

ELECTION— SEE  REGISTRATION. 

to  change  class  of  city,  when  held 2  13 

to  incorporate  as  city  of  second  class,  ordinance  pro- 
viding for 1-6  18-19 

proclamations  of  mayor  for 7-8  19-20 

proclamation  declaring  result  of'. 9  21 

of  alderman,   in  new  ward 8  25 

of   alderman 1  26 

council  to  judge  returns  and  determine  contest.  .     5  27 

tie,  how  determined 6  28 

to  fill  vacancy N7  28 

of  mayor 1  30 

tie,  how  determined 3  30 

contest,  common  council  shall  determine 4  30 

to  fill  vacancy 5  30 

of  police  judge,  attorney,  auditor  and  treasurer 3  33 

when  held— special  elections  to  fill  vacancies 5  33 

to  be  held  and  conducted,  how 6, 14  34,  209 

opening  and  closing  of  polls 8  34 

qualifications  of  voter 9,  5  34,  204 

voting  precincts  and  judges,  council  to  provide 10  35 

certificate  of,  to  be  recorded 15  36 

judge  or  clerk  of,  not  required  to  own  real  estate.  .  17  37 

of  municipal  officers  power  of  council  to  regulate.  ..1  56 

to  authorize  increase  of  debt 2  104 

to  issue  bonds,   how  conducted 11  108 

to  refund  bonded  indebtedness 18  113 

to  ratify  provisions  of  firemen's  pension  act 4  148 

for  tax   for  library  fund 1  15b 

to  create  library  building  fund 10  160 

board  of  public  works,  of  members 1  178 

to  discontinue  board 21  186 

to  establish  board 23  186 

duties  of  election  clerks 12  208 

candidate  to  file  statement  of  expense,  when 15  219 

certificate  shall  not  be  issued,  when 15  219 

ELECTRIC  LIGHT— 

plani,  city  may  own  and  operate 3  191 

companies,  cities  may  authorize  to  set  poles,  wires, 

etc.  in  streets . .                                                                   4  191 


684:  INDEX  TO  LAWS. 

EMPLOYMENTS-  SEC.       PAGE 

city  may  regulate  and  license 1  50 

ENGINES— 

locomotive,  power  to  regulate  speed,  etc 1  55 

fire,  common  council  may  procure 3          147 

ENGINEER,  CITY— 

how  appointed 2  '      33 

duties  of 2  38 

may  be  empowered  to  require  sidewalks,  etc.  repaired  6  132 
shall  utilize  services  of  persons  receiving  aid  from 

charity  board,  when G  164 

ENGINEERS— 

of  steam  boilers,  power  to  license 1  52 

ENUMERATION— SEE  CENSUS. 

of  inhabitants  of  city,  power  to  provide  for 1  54 

EXEMPTIONS— 

of  property  from  taxation 6  6 

what  laws  void 7  7 

property  not  exempt,  etc 1  62 

FACTORIES- 

inspector  of,  to  be  appointed 24          222 

FARES— 

power  to  fix  rate  for  carriage  of  persons. 1  51 

FAST  DRIVING— 

may   be   prohibited 1  53 

FEES— 

of  public  officers  limited 13  5 

not  to  be  increased  during  term 8  10 

of  alderman 9  28 

of  officers,  how  fixed 4  33 

to  issuing  licenses  limited 1  52 

of  jurors,  witnesses,  etc.,  power  to  regulate 1  56 

of  attorney  in  tax  suits 74  103 

of  agents  and  employes  of  charity  board  limited 3  163 

of  registrar 13  208 

FERRIES— 

power  to  license  and  regulate 1  51 

FIGHTS- 

power  to  suppress  various  kinds  of 1  51 

FINES— SEE  PENALTIES. 

power  to  impose  and  recover 1  55 

FIREARMS  AND  FIREWORKS- 

power  to  regulate  or  prohibit  use  of 2          147 


INDEX  TO  LAWS.  685 

FIRE   DEPARTMENT—  SEC.       PAGE 

power  to  establish  and  maintain 1  48 

council  may  regulate  character  of  buildings 1  146 

power  of  council  to  provide  against  fires 2  145 

may  procure  engines  to  appoint  members,  etc.  . .     3  147 

may  form  relief  association 23  221 

FIREMEN'S  PENSION  FUND— 

general  assembly  may  authorize  cities  to  create.  ...  47  3 

city  may  set  apart  portion  of  revenue  for 4  148 

board  of  trustees  of,  of  whom  composed,  how  created     5  149 

functions  of  board,  assessments 6  149 

rewards,  etc.,  to  be  paid  into  fund — gifts,  etc ...     7  150 

may  invest  pension  fund 8  150 

conditions  of  grant  of  pensions  by 10  151 

half  pay  allowed,  when 13  152 

act  to  apply  to  whom 14  152 

treasurer  to  be  custodian  of  fund  and  give  bond 15  153 

trustees  to  report  annually  conditions  of 18  154 

exempt  from  debt,  execution,  etc 19  154 

relief  associations,  may  unite  with  trustees  of 20  154 

benefits  of,  who  entitled  to 22  155 

FISCAL  YEAR— 

shall  commence,  when 1  47 

FORMS— 

of  tax  deed 54  91 

of  judgment,  in  tax  suit 69  101 

of  ballot,  in  bond  election 3,  11  105, 108 

of  bond , 4,  13  105, 109 

of  registration  book 3  203 

FRANCHISES— 

power  to  regulate  and  control  use  of— not  to  be  sur- 
rendered       1  47 

power  to  regulate,  for  street  railroads 1  56 

to  be  sold  at  public  auction 1  188 

notice  of  sale  to  be  published 2  189 

purchaser  to  give  approved  bond 3  189 

authorities  may  reject  bids 4  190 

for  water  works— cannot  grant  or  renew  without  con- 
sent of  voters 1  190 

existing,  for  waterworks  not  to  be  interfered  with.  .     2  190 

may  be  granted  to  electric  companies  to  set  poles.  .     4  191 

for  street  railway,  requirements  of 1  193 

limitation  of  municipal  authority 3  194 

proceedings  to  ascertain  damages,  before  granting    4  194 
FUNDING— 

bonded  indebtedness,  proceedings  for 18  112 


686  INDEX  TO  LAWS. 

GAMBLING  HOUSES-  SEO  PAGE 

power  to  suppress 1  51 

penalty  for  keeping— must  not  be  license:! 12  214 

GAS  WORKS— 

franchise  for,  to  be  sold  at  public  auction 1  188 

city  may  own  and  operate 3  191 

GATES— 

at  railroad  crossings,  power  to  compel  erection  and 

maintenance  of. ...    1  55 

GIFTS  AND  DONATIONS— 

city  may  receive,  for  charitable  and  other  purposes. .  1  22 

board  of  trustees  of  firemen's  fund  may  take 7  150 

charity  board  may  take  or  care  for 1  162 

public  library  directors  may  hold 9  159 

GIRLS— 

industrial  school,  for 21          220 

GRADING— SEE  STREETS,  ALLEYS,  ETC. 

exclusive  control  to  grade  streets  vested  in  council.  .     1  49 

power  to  grade  highways  leading  to  city 5  57 

power  to  establish  general  plan  for  grading  streets. .     1          140 

GUNPOWDER,  ETC- 

power  to  regulate  storage  of 2          147 

HACKMEN— 

power  to  license,  tax,  regulate  and  fix  rates  for. ...     1  51 

HAY— 

power  to  provide  for  inspection  and  weighing 1  53 

HEALTH— SEE  BOARD  OF  HEALTH— 

power  to  pass  ordinance  to  secure  health 1  48 

officers,  to  aid  charity  board,  when 7          165 

police  commissioners  to  guard  public  health 5          168 

HIGHWAYS— SEE  STREETS,  ALLEYS,  ETC. 

council  has  exclusive  control  over 1  49 

leading  into  city,  power  to  improve 5  57 

HORSE  RACING— 

power  to  prohibit  and  suppress 1  53 

HOSPITALS— 

power  to  establish  and  regulate 1  50 

private  and  venereal,  power  to  regulate,  tax  or  sup- 
press       1  51 

HOUSES— 

of  correction,  etc.,  council  may  purchase  or  rent.  ...     1  48 

of  ill  fame  and  assignation,  power  to  suppress 1  51 

HUMANE  OFFICER— 

board  of  police  shall  appoint,  when 20          177 


INDEX  TO  LAWS.  687 

IMPROVEMENTS-SEE  STREETS,  ALLEYS,  ETC.  SEC.  PAGE 

must  be  let  to  lowest  and  best  bidder 2  212 

INCORPORATION— 

of  city  of  St.  Joseph  as  city  of  the  second  class 18-22 

INDEBTEDNESS— 

of  cities,  limit  of 12  8 

cities  allowed  to  incur,  what 1  104 

provisions  of  article  applies  to  all  cities 5  106 

not  to  be  incurred,  when 6  106 

bonded,  proceedings  for  funding 18  112 

of  city,  penalty  for  financial  officer  speculating  in.  .  12  60 
INDUSTRIAL  SCHOOL— 

for  girls 21  220 

INSANE  ASYLUMS— 

power  to  erect,  purchase  or  rent 1  48 

INSPECTION— 

of  meats,  butter,  vegetables,  etc.,  power  to  regulate.  1  52 

of  weights  and  measures 1  52 

of  firewood,  lumber,  steam  boilers,  etc 1  52 

of  hay,  lime,  coal,  etc 1  53 

of  various  articles  of  food  and  manufactures ....  1  53 

of  animals  intended  for  food 2  57 

of  dairies  and  milk 3  57 

of  petroleum  oils,  etc 14  219 

of  factories,   etc 24  222 

INSPECTORS  AND  GAUGERS— 

power  to  license,  tax  and  regulate 1  50 

for  different  purposes,  power  to  appoint  and  regulate     1  53 
INSURANCE- 
CO  mpanies  and  agents,  power  to  license  and  tax.  ...  1  50 
companies,  foreign,  how  taxed — apportionment  of  tax  25  222 
JUDGES— SEE  COURTS— SEE  ELECTIONS- 
JUDGMENT— 

form  of,  in  tax  suits 69  101 

for  damages  by  grading,  proceedings  to  enforce ....  10  123 

for  cost  of  street  improvements 9  135 

sentencing  girl  to  industrial  school,  to  be  approved.  .  21  221 
JUDICIAL  NOTICE— 

courts  to  take,  of  reorganization  and  class  of  city ....  1-2  23 

of  ordinance  extending  limits 1  56 

JURISDICTION— 

of  city  not  affected  by  reorganization 1  23 

of  judge  of  the  police  court 3  38 

in  tax  suits,  what  courts  have 71  101 

appellate,  criminal  court  has  in  what  cases . .             .13  218 


688  INDEX  TO  LAWS. 

JUKORS-  SEC.  PAGE 

common  council  may  regulate  the  fees  of,  what 1  56 

inhabitants  of  city  may  be,  in  what  cases 11  214 

JUSTICE  OF  THE  PEACE— 

may  act  as  judge  of  the  police  court,  when 9  214 

LABORERS— 

pay  of,  to  be  guaranteed  in  contract  for  public  work .  9  135 

may  sue  for  wages,  when 9  135 

LAWS— 

ordinances  to  conform  with  state  law 1  43 

ordinances  become,  when 6-7  44 

LEGISLATIVE  FUNCTIONS— 

of  city  of  second  class,  vested  in  common  council.  ...  1  26 

LEVY— SEE  REVENUE- 
LIBRARY— SEE  PUBLIC  LIBRARY— 

how  established 1  156 

LICENSE- 

how  issued— minimum  amount  to  be  charged 1  51 

power  to  license  various  trades,  avocations,  etc 1  50 

power  to  license  milk  dairies,  etc 3  57 

certain  professions  not  liable  for 8  59 

city  cannot  impose  license  tax,  when 9  59 

tax  not  to  be  imposed  on  produce  when 10  59 

of  private  policemen  and  watchmen 19  177 

not  to  issue  to  gaming  houses,  bawdy  houses,  etc ...  12  214 

LIGHTING— 

of  streets,  power  to  provide  for 1  50 

power  to  regulate  quality  and  price  of 1  50 

railroad  tracks  in  streets,  power  to  require  lighting  of     1  55 

plant  for,  city  may  own  and  operate. 3  191 

electric,  companies  may  be  authorized  to  set  poles, 

etc.  in  streets ' 4  191 

LIMITATION— 

on  power  of  city  to  become  indebted 12  8 

of  taxation 1  47 

on  appropriations 12  60 

on  power  of  city  to  grant  right  of  way 3  194 

LIMITS— 

of  city  may  be  extended 1  56 

courts  shall  take  judicial  notice  of  extension 1  5b 

LIQUORS- 

license  for  sale  of,  minimum  amount  to  be  charged.  .  1  52 

power  to  regulate  inspection  of 1  53 

LIST— SEE  REVENUE— 

of  property  for  taxation,  shall  embrace  what 6  64 

of  registered  voters  to  be  furnished  by  clerk 15  209 


INDEX  TO  LAWS.  689 

LOANS— 

money  arising  from,  not  to  be  misapplied 20  9 

temporary,  may  be  obtained  by  city,  when 1  4C 

LOCOMOTIVE  ENGINES- 

power  to  regulate  speed  of 1  55 

LUMBER— 

power  to  provide  for  inspection  of 1  52 

MAPS  AND  PLATS— SEE  PLATS— 

to  be  kept  by  assessor 2  63 

MARKET  PLACES— 

power  to  regulate  and  license 1  50 

MARRIAGES— 

power  to  enforce  registration  of 1  51 

MAYOR- 

may  call  special  session  of  council 10,  9  29,  32 

president  of  council  shall  exercise  duties  of,  when. .  14  29 

election  of 1  30 

qualifications  of 2  30 

tie  in  election  for,  how  determined 3  30 

contest  in  election  of,  how  determined 4  30 

vacancy  in  office  of,  how  filled 5  30 

removal  of,  from  office 6  31 

general  duties  and  powers  of 7  31 

shall  see  that  laws  and  ordinances  are  enforced,  etc.  7  31 

appointment,  suspension  or  removal  of  officers,  by. .  7  31 

may  fill  vacancies  in  elective  office 7  31 

nominations  by,  to  be  made  within  what  time .......  7  .    31 

appointments  by,  how  confirmed  by  council 8  32 

may  require  exhibit  of  accounts 10  32 

officers  appointed  by   1-2  32-33 

shall  suspend  officer  interested  in  city  contract 1G  36 

comptroller   must   have   approval   of;   to   pay  bonds 

when 8  40 

to  approve  bond  of  comptroller 8  41 

to  approve  ordinances 6  44 

general  powers  of  mayor  and  council 1  45 

to  be  a  member  of  board  of  appeals 14  6& 

shall  appoint  directors  of  public  library 2  157 

shall  appoint  three  members  of  charity  board;  shall 

be  ex-officio  a  member 2  163 

shall   appoint  one  member  of  the  board   of  public 

works 1  179 

notice  to  be  given  to,  of  claim  for  damages,  when.  .  2  201 

shall  be  conservator  of  the  peace 6  213 

shall  execute  appeal  bonds  for  city 11  214 


690  INDEX  TO  LAWS. 

MEASURES-  SEC.  PAGE 

power  to  provide  for  inspection  of 1  52 

MEATS— 

power  to  license  and  regulate  meat  shops 1  50 

power  to  regulate  the  inspection  and  sale  of 1  52 

MEETINGS— 

of  council,  when  held 10  28 

mayor  may  call  special 10,  9  28,  32 

public,  power  to  regulate 1  50 

MERCHANTS— 

power  to  license,  tax  and  regulate 1  50 

tax  upon 19  73 

MILK— 

dairies,  power  to  suppress  or  abate 1  48 

power  to  license,  regulate  and  inspect  dairies  and  sale 

of  milk 3  57 

MISDEMEANOR— 

person  may  be  confined  in  workhouse  for 1  54 

MONEYS— 

public,  speculation  in  prohibited 17  9 

not  to  be  misapplied 20  9 

not  to  be  used  for  sectarian  purposes 11  9 

duties  of  treasurer  in  receiving  and  disbursing 7  39 

of  city,  to  be  let  to  highest  bidder 9  41 

power  to  borrow,  on  credit  of  city 1  46 

ordinances  appropriating,  must  be  indorsed,  etc 11  59 

limit  on  appropriations  of 12  60 

sinking  fund  may  be  invested  in  bonds,  when 13  61 

all  collections  to  be  paid  into  treasury 1  212 

apportionment  of,  in  foreign  insurance  tax  fund 25  222 

MUNICIPAL  CORPORATION— SEE  CITIES- 

loaning  credit  by,  prohibited 47,  6  3,  4 

property  exempt  from  taxes 6  6 

private  property  cannot  be  sold  to  pay  debts  of .  ...  13  9 

NOTICE— SEE  ADVERTISEMENT— REVENUE— 

judicial,  courts  shall  take  of  reorganization  of  city.  .  1-2  22-23 

of  ordinance  extending  limits 1  56 

of  election  to  authorize  issue  of  bonds 2, 10  104, 107 

given  defendants  in  condemnation  proceedings,  how 

served 2  115 

of  time  for  assessing  damages  in  grading 6  120 

of   registration 7  206 

to  railroad  company  to  fix  crossing 16 

NUISANCES— 

power  to  define  what  shall  be   deemed— abatement 

of,  etc.  .               1  48 


INDEX  TO  LAWS.  691 

NUISANCES— Continued.  SEC.  PAGE 

power  of  board  of  health  in  reference  to 1  48 

duties  of  police  in  reference  to 5  168 

OATH— 

all  officers  shall  take  and  subscribe 6  10 

president  of  council  and  chairman  of  committee  may 

administer 15  29 

city  clerk  authorized  to  administer 1  37 

comptroller  may  administer 8  41 

assessor  and  his  deputies  may  administer 8  65 

police  commissioners  may  administer 5  169 

OCCUPATIONS— 

power  to  license,  tax,  regulate  or  suppress 1  50 

OFFICERS— 

must  give  time  to  duties 18  3 

fees  of,  limited • 13  5 

municipal,  extra— no  term  to  exceed  four  years 14  5 

cannot  hold  two  municipal  offices 18, 16  5,  37 

tenure  of  office 5, 10     10,  214 

oath  of 6, 14  10,  35 

removal  of,  for  misdemeanor 7,  6  10,  31 

term  of  office  cannot  be  extended 8  10 

mayor  to  be  chief  executive  officer  of  city 1  30 

appointment,  suspension  and  removal  of,  by  mayor.  .  7  31 

council  shall  appoint  officers  when 7  32 

appointment  of,  how  confirmed  by  council 8  32 

appointments  shall  be  made  by  mayor 1  32 

appointive  officers  and  their  terms 2  33 

elective  officers  and  their  terms 3  33 

salaries  of,  how  fixed 4  33 

shall  enter  upon  duties,  when 11  35 

who  eligible 12  35 

must  reside  in  city 13  35 

bond,  certificate  of  election  or  appointment,  etc 14  36 

not  to  be  interested  in  contract  with  city 16  36 

not  required  to  be  owner  of  real  estate 17  3*i 

duties  of  various  officers 1-11  37-43 

imposing  liability  on  city  contrary  to  law,  penalty.  .  12  60 

speculating  in  city  indebtedness 12  60 

police  are  officers  of  both  city  and  state 18  176 

what  officers  are  conservators  of  the  peace 6  213 

ORDINANCES— 

passage  of,  yeas  and  nays  to  be  recorded 13  2y 

enforcement  of,  duty  of  mayor 7  31 

must  conform  with  state  law,  when 1  43 

style  of — amendment  not  to  change  original  purpose.  .  2  43 


692  INDEX  TO  LAWS. 

ORDINANCES— Continued.  SEC>  PAGE 
shall  contain  what— must  be  reported  upon  by  com- 
mittee      2  43 

how  passed 3  44 

how  re-enacted 4  44 

form  of  amendments  to 5  44 

approval  of  bill  by  mayor— how  passed  over  veto ...  6  44 

not  returned  by  mayor,  becomes  a  law  when 7  44 

how  proved — to  be  received  in  evidence 9  45 

contemplating  payment  of  money  must  be  indorsed, 

how 11  59 

for  issuing  bonds  to  contain  what 8  106 

for  grading,  publication  of .  3  119 

authentication  of 3  213 

PARKS— 

power  to  improve,  regulate  or  sell 1  48 

power  to  purchase  or  condemn  lands  for 1  155 

lands  for,  how  condemned , 2  156 

PAVING-SEE   STREETS,  ALLEYS,   ETC.- 

PENALTIES- 

mayor  may  remit  with  consent  of  council,  when ....  7  31 

imposed  by  police  court,  failure  to  pay 1  54 

shall  not  exceed,  what 1  55 

power  to  impose  on  firemen  for  violation  of  rules,  etc.  3  148 

council  may  provide,  for  public  library,  etc 8  159 

PLATS— 

streets  to  conform  with  general  plan  of  city 1  140 

shall  not  be  recorded  until  approved  by  council 2  140 

how  made  out 3  141 

to  be  acknowledged  and  recorded,  when 4  141 

certified  copies  of,  shall  be  in  evidence 5  141 

recording  imperfect  plat,  penalty 7  142 

POLICE— 

commissioners  shall  aid  charity  board,  when ...    7  165 

powers  of  common  council 1  165 

board  of  commissioners  established 3  16(5 

appointment  of — term   of   office 4  168 

general  duties  of 5  168 

appointment  of  police  by 6  169 

officers  of,  titles  designated 7  170 

compensation  of  members  of 8-9  171 

vacancies,  how  filled — rules  and  regulations 10  171 

not  to  receive  extra  money 11  172 

commissioners  may  appoint  secretary 12  172 

appropriations  for 14  174 

board  to  keep  journal  of  proceedings 17  176 


INDEX  TO  LAWS. 


693 


POLICE— Continued.  SEC.  PAGE 

declared  officers  of  both  city  and  state 18  176 

commissioners  may  license  private  watchmen 19  177 

shall  appoint  humane  officer,'  when 20  177 

shall  be  conservator  of  the  peace 6  213 

force  may  form  relief  associations 22  221 

POLICE  COURT— SEE  COURT- 
POLICE  POWERS— 

of  common   council 1,1     55,  165 

POLLS— 

opening  and  closing  of 8  34 

POLL  TAX— 

power  to  levy  and  collect 1  47 

POOR— 

charity  board  to  care  for  temporarily 1  162 

POWER  PLANT— 

power  to  erect  and  maintain 3  191 

PRESIDENT— SEE  COMMON  COUNCIL- 
PRISONERS— 

may  be  put  to  work  on  streets,etc 7  58 

county,  may  be  confined  in  workhouse  when 19  220 

PROCLAMATION— 

mayor  shall  issue,  for  election  to  incorporate 3  18 

of  mayor,  for  election  to  incorporate 7-8  19-20 

declaring  incorporation  as  city  of  the  second  class.  .  9  21 

mayor  shall  call  special  sessions  of  council  by 9  32 

PRODUCE— 

city  cannot  collect  license  fees  for  sale  of,  when ....  10  59 

PROFESSIONS— 

various,  power  to  license,  tax  and  regulate 1  50 

what,  not  to  be  taxed 8  59 

PROPERTY— SEE  REVENUE— 

to  be  taxed  in  proportion  to  its  value 4  6 

what  exempt  from  taxation 6  6 

private,  cannot  be  sold  for  corporate  debt 13  9 

not  to  be  exempted  from  taxes 1  62 

sale  of,  for  taxes  by  collector 32  80 

how  sold 35  81 

redemption  of,  when  sold  for  taxes 45-50  87-89 

suit  for  recovery  of 56  95 

title  does  not  fail  when 60  96 

condemnation  of  private  property  for  public  use 1  114 

destruction  of,  by  rioter,  city  liable 2  199 

PROSTITUTES— 

power  to  restrain  and  punish 1  53 


INDEX  TO  LAWS. 

PROVISIONS-  SEC.  PAGE 

power  to  regulate  the  inspection  of  various i  52-53 

PUBLICATION— 

of  annual  statement  of  officers . 11  42 

of  council  proceedings 8  45 

PUBLIC  LIBRARY,  FREE— 

election  for  establishment  and   maintenance   of....  1  156 

directors,  appointment  of 2  157 

term  of  office,  removal  of 3  157 

vacancies— compensation 4  158 

organization  and  powers  of 5  158 

who  may  use  library 6  158 

annual  report,  what  to  contain 7  159 

council  may  provide  penalties 8  159 

donations  to 9  159 

building  fund,  how  created— election  for 10  160 

plans,  etc.— contract 11  161 

directors  may  sell  or  exchange  lot 12  161 

PUBLIC  MONEY— SEE  MONEYS- 
PUBLIC  WORKS— SEE  STREETS,  ALLEYS,ETC.-~ 

city  engineer  shall  superintend  construction  of  all ...  2  38 

engineer  and  comptroller  shall  open  all  bids  for.  .  8  41 

board  of,  how  established 1  178 

duties  of 2  179 

shall  have  charge  of  all  public  work,  etc 3  180 

discontinued  how 21  186 

proposition    to    create,     must    be    submitted    to 

voters 23  180 

contractors  for,  required  to  execute  bonds 1  187 

who  may  sue  on  such  bond 2  187 

to  be  let  to  lowest  and  best  bidder 2  212 

QUALIFICATIONS— 

of  alderman 2  27 

council  shall  judge  qualifications  of  its  members.  ...  5  27 

of  mayor 2  30 

of  voter 9,  5     34,  204 

of   city   officers 12  35 

property  for  office  prohibited 17  37 

QUARANTINE— 

power  to  establish  and  enforce  regulations  of 1  49 

by  state  board  of  health 17  220 

QUORUM— 

of  common  council,  what  shall  be  a 11  29 

RAILROADS— SEE  STREET  RAILWAY— SEE  REVENUE— 

subscription  by  city  to  stock  of,  prohibited 6  4 

how  taxed.  .  5  6 


INDEX  TO  LAWS.  695 

RAILROADS— Continued.  SEC.       PAGE 

power  to  regulate  in  streets 1  54 

depot  grounds,  power  to  control  location  of 1  54 

viaducts,  gates,   etc.,   power  to  compel  construction 

of,  etc 1  55 

property  of,  how  assessed  and  taxed 1-9  215,  218 

to  construct  and  maintain  crossings,  etc.  .4 16  219 

REAL  ESTATE— 

city  officer  not  required  to  own 17  37 

agents  and  brokers,  power  to  Iiceiis$e,etc 1  50 

registrar  must  be  owner  of 4  204 

deputy  registrar  must  be  owner  of 8  207 

REBATE— 

allowed  on  taxes,  when 22  75 

RECEIPTS— 

to  be  issued  in  triplicate  by  treasurer 7  39 

for  taxes,  how  made  out 24,  44  75,  86 

to  be  issued  in  duplicate  by  treasurer 1  212 

RECORDER  OF  CITY— 

title  of,  changed  to  "judge  of  the  police  court" 7  213 

REDEMPTION— SEE  REVENUE— 

of  property  sold  for  taxes 46  87 

REFORM  SCHOOL— 

for  boys 20  220 

REGISTRATION— SEE  ELECTION— 

lists,  council  may  provide  for  copies  of 10  35 

provided  for  what  cities 1  202 

persons  entitled  to 2,  5  202,  204 

all  electors  must  be  registered 3  203 

appointment  of  registrars 4  204 

of  naturalized  citizens  when  papers  are  lost 5  205 

place  and  days  of  registration 7,  10  206,  207 

appointment  of  deputy  registrars 8  206 

board   of  revision 9  207 

registrar  not  to  be  candidate  when 20  210 

fraudulent  registration 21-22  210 

challenge  by  registrar 23  211 

malicious  injury  to  registration  books 24  211 

RELIEF— 

temporary,    of    outdoor   poor 1  162 

association,  police  may  form 22  221 

fire  department  may  form 23  221 

REMOVAL— 

from  office,  of  mayor  or  other  elective  officer 6  31 

power  to  provide  for  removing  officers 1  56 


696  INDEX  TO  LAWS. 

REPEAL—  SEC.       PAGE 

of  acts,  how  construed 4  213 

REPORTS— 

mayor  may  require  reports  from  officers 10  32 

auditor  shall  make  reports  required  by  council 6  39 

of  comptroller  semi-annually 8  40 

of     fiscal    officers*     comptroller     shall     transmit     to 

council 8  40 

officers  to  render  annually 11  42 

of  board,  of  trustees  of  firemen's  fund 18  154 

of  directors  of  free  public  library 7  159 

charity  board  shall  render,  what 5  164 

of  police  commissioners 17  176 

of  coal  oil  inspector 14  219 

'      of  factory  inspectors 24  222 

RESIDENCE— 

what  required  for  voter 9  34 

of  officers , 13  35 

RESOLUTIONS  AND  ORDERS— 

of  council,  substance  of  to  be  published 8  45 

REVENUE  AND  TAXATION— 

taxing  power 1  6 

taxation  for  public  purposes  shall  be  uniform 3  6 

property  taxed  in  proportion  to  value 4  tf 

taxation  of  railroads 5  6 

exemptions 6  6 

cities  liable  for  state  tax 9  7 

taxes,  how  assessed 10  7 

rate  and  valuation 11  7 

city  not  to  become  indebted  in  excess  of 12  8 

power  to  levy  and  collect  taxes 1  47 

apportionment  of  revenue,  when  made 11  59 

tax  for  sinking  fund  shall  be  levied 13  61 

levy  and  collection  of  taxes 62-103 

cannot  be  remitted  or  abated 1  62 

assessment,  when  made 5  64 

railroad,  telegraph  and  bridge  companies 10  67 

upon   merchants 19  73 

delinquent 26  77 

comptroller  may  abate,  when 61  96 

.      suits  for 66  99 

who  shall  be  made  defendants 68  100 

street  railroad  companies 7-8    197-198 

from   railroad   property 1-9  215-218 

RIGHT  OF  WAY— 

for  waterworks,  how  obtained  by  city 1  190 

how  obtained  by  street  railroad  company 4  194 


LVDEX  TO  LAWS.  697 

RIOT—  SEC.       PAGE 

power  to  prevent  and  suppress 1  53 

city  liable  for  damages  by 2  199 

RIVERS— 

power  to  improve,  remove  obstructions,  etc 1  46 

ROADS— 

residents  of  city  exempt  from  working,  what 1  47 

leading  into  city,  power  to  improve 4  57 

may  grade  or  macadamize  for  what  distance.  .  5  57 

petition  for  improvement  of 8  134 

SALARIES— SEE  FEES— 

of  officers  to  be  fixed  by  ordinance 4  33 

SALE— SEE   REVENUE— 

of  bonds 4, 15,  18  105, 110, 112 

of  franchises  at  public  auction 1  188 

SANITARY— 

system,  power  to  establish 1  48 

affairs,  state  board  of  health  has  general  supervision .  17  220 

SCALES— SEE  WEIGHTS— 

SEAL- 

power  to  have  and  use  a  common  seal 1  23 

city  clerk  to  have  custody  of .  1  37 

charity  board  shall  have 1  162 

police  commissioners  to  have 12  172 

SETTLEMENT— 

annual,  of  city  officers 11  42 

SEWERS— 

condemnation  proceedings  for 1  114 

power  to  establish  general  system  of 1  143 

public,  construction  and  repair  of 1  143 

district,  construction  of,  etc 2  143 

private,  construction  of 3  145 

condemnation   of  property   for 4  145 

SIDEWALKS— SEE  STREETS,  ALLEYS,  ETC.— 

mayor  and  council  have  control  over 1  49 

may  prohibit  certain  practices  on 1  54 

may  require  owners  or  occupants  to  make  repairs, 

remove    snow,    etc 5  132 

cost  of  repairs  of 6  132 

council  to  prescribe  width  of 7  133 

SINKING  FUND— SEE  INDEBTEDNESS— 

tax  to  constitute,  shall  be  collected  when 12  9 

tax  levy  for— money  in  fund  applied  how 13  61 

SLAUGHTER  HOUSES— 

power  to  regulate,  suppress  or  abate 1  48 

power  to  regulate  or  suppress  slaughtering  of  animals  1  48 


698  INDEX  TO  LAWS. 

SNOW  AND  ICE-  SEC,  PAGE 

power  to  require  removal  of,  from  sidewalks 5  132 

SOAP  FACTORIES— 

power  to  regulate,  suppress  or  abate 1  48 

SOCIETIES— 

exempt  from  taxation,  what 6  7 

SPECIAL  MEETINGS— SEE  COMMON  COUNCIL— 

of  council  confined  to  what  business 10  29 

SPECIAL  POLICE— 

recommended  by  humane  societies  to  be  appointed. .  .  20  177 

SPECIAL  TAX  BILLS- 

for  cost  of  removing  nuisances 1  49 

for  grading,  paving,  etc.  how  made  out 2  12  5 

shall  be  a  lien  on  property — manner  of  collecting.  4  129 

for  repairing  sidewalks,  etc 6  132 

for  grading,  paving,  sewers  and  sidewalks  may  be 

made  payable  in  five  installments 3  137 

for  cleaning  and  sprinkling  streets 4  139 

for  construction  of  district  sewers 2  143 

when  issued  by  board  of  public  works 19  185 

SPRINKLING  STREETS- 

power  of  council  to  provide  for 1  48 

portion  of  cost  may  be  paid  by  special  assessment.  .  4  139 

one  fourth  of  cost  may  be  paid  by  city. 4  139 

STABLES— 

power  to  regulate,  suppress  or  abate  cow  stables ...  1  48 

power  to  license,  and  regulate  livery  and  sale 1  50 

STATEMENT— 

annual,  of  officers,  to  be  published,  how 11  42 

of  expenditures  by  candidate  to  be  filed,  when 15          219 

STEAM  BOILERS— 

power  to  inspect,  and  license  engineers  using 1  52 

STOCK— 

of  corporations,  city  cannot  subscribe  to 6  4 

power  to  prohibit  running  at  large 1  53 

STOCK  YARDS- 

power  to  regulate,  suppress  or  abate 1  48 

power  to  license,  tax  and  regulate 1  50 

STORAGE— 

business,  may  prohibit  railroad  company  from  doing.     1  55 

of  gun  powder,  etc.,  power  of  council  to  regulate.  ...     2          147 

STREET  COMMISSIONER— 

shall  utilize  services  of  persons  receiving  aid  from 

charity  board,  when 6          164 


INDEX  TO  LAWS.  69 9 

STREETS,  ALLEYS,  ETC.-                                                          SEC.  PAGE 

power  to  open,  vacate,  improve,  sprinkle,  light  etc...     1  48 

mayor  and  council  to  control 1  49 

annoyances  on,  power  to  prohibit 1  54 

railroads  in 1  54 

street  railroads  power  to  regulate 1  56 

leading  into  city,  power  to  improve  and  repair 4-5  57 

condemnation  of  private  property  for 1  114 

notice  of  filing  of  petition 2  115 

commissioners  to  assess  damages 3  115 

duties   of   commissioners— report 4-5  116 

report  reviewed  by  circuit  court,  when 6  117 

cost  of  proceedings  by  whom  paid 7  117 

report  to  council,  city  may  withdraw  proceedings .     8  117 

action  of  court  reported  to  council 9  118 

damages  paid  into  court,  when 10  118 

condemnation  for  particular  uses 11  118 

grading  to  changed  grade  of,  what  netition  necessary     1  119 

ordinance  to  prescribe  beneficiary  limits 2  119 

proceedings,  by  whom  heard 5  120 

notice  of  time  for  assessing  damages,  etc 6  120 

appointment  of  commissioners 7  121 

duties  of  commissioners— verdict  to  contain  what.     8  121 

appeals  when  taken,   etc 11  123 

grading  may  be  commenced,  when 13  124 

proceedings  exclude  other  remedies,   etc 14  124 

ordinance  may  be  repealed— effect  of 15  125 

grading,  paving,  repairing,  etc.  power  to  cause 1  125 

cost,  how  apportioned 2  126 

property  to  be  charged  with  costs 3  128 

tax  bill  to  be  lien  on  property— how  collected ....     4  129 
sidewalks,    curbing    and    guttering,    repairs    and 

removal   of   snow 5  132 

what  costs  paid  out  of  revenue 6  132 

council  to  prescribe  width  of  sidewalks,  etc 7  133 

proceedings  on  peition  for  improvements 8  134 

contractors  to  give  bond 9  135 

boulevards,     authorizing     construction     and     main- 
tenance of 2  136 

special  tax  bills  for  grading,  paving,  sewers  and  side- 
walks may  be  made  payable  in  five  installments.     3  137 
cleaning  and  sprinkling  of,  may  be  paid  for  by  special 

assessment,  etc 4  139 

power  of  council  to  establish  general  plan  of 1  140 

plat  of  addition  to  show  street,  etc 3  141 

title  to,  vested  in  city  when 6  142 

board  of  public  works  shall  have  charge  of,  when. .  .     3  180 


700  INDEX  TO  LAWS. 

v 

STREETS,  ALLEYS,  ElC— Continued.  SEC.       PAGE 

applications  for  improvements  first  made  to....     4  180 

shall  superintend  all  work 9  182 

estimate  of  cost  of  repairs  and  improvements...   10  182 

shall  issue  special  tax  bills 13  183 

ordinance  for  grading,  paving,   etc.  cannot  pass 

unless   recommended   by 14  183 

ordinances   for  repairs,    etc.    cannot   pass   unless 

recommended  by 17  185 

franchises  for  use  of,  sold  to  highest  bidder 1  188 

electric  light  companies  may  set  poles  in,  when 4  191 

telephone   and    elegraph    companies    may    set   poles, 

etc.  in 5  191 

council  may.  direct  mode  of  construction 6  192 

street  railroads  in,  city  may  control  construction ...     1  193 

limitation  of  municipal  authority 3  194 

proceedings  to  ascertain  damages 4  194 

suits  for  personal  injuries  from  defect  in  condition 

of,  notice  to  be  given 2  201 

work  on,  to  be  let  by  contract  except  when 2  212 

crossings  to  be  constructed  by  railroads 16  219 

STREET  RAILWAYS— 

street  cars,  power  to  license 1  50 

power  to  regulate 1  56 

franchise  for,  to  be  sold  at  public  auction 1  188 

how  constructed  1  193 

may  change  motive  power 2  193 

limitation  of  municipal  authority  over 3  194 

right  of  way  for,  how  obtained 4  194 

measure  of  damages  for  right  of  way  of 5  196 

taxation  of ....   7-8    197-198 

SUITS- 

f  or  taxes 66  99 

against  city  for  damages 1  200 

SUPPLIES— 

officer  not  to  be  interested  in  furnishing  city 16  36 

purchased  by  board  of  public  works,  when 7  182 

TAX  BILL— SEE  SPECIAL  TAX  BILLS- 
TAXES— SEE  REVENUE— 

for  public  purposes  to  be  uniform 3  6 

what  property  exempt  from 6  6 

how  assessed 10  7 

rate  and  valuation 11,1  7,  47 

power  to  levy  and  collect  all  general  and  special . ...     1  46 

certain  professions  not  to  be  taxed 8  59 

business  not  taxable,  when 9  59 


INDEX  TO  LAWS.  701 

TAXES— Continued.                                                                          SEC.  PAGE 

produce  cannot  be  taxed,  when 10  59 

tax  for  sinking  fund 13  61 

cannot  be  remitted  or  abated 1  62 

on  railroad   property,   how  levied 10, 1     67,  215 

payment  of 21  74 

when  deemed  delinquent 31  80 

taxes  paid  may  be  recovered,  when 59  96 

error  in  books,  etc.,  not  to  impair  validity  of 62  97 

on  street  railroads  how  levied 8  198 

TELEGRAPH— 

companies,  power  to  license,  tax  and  regulate 1  50 

taxation  of  property  of 10  67 

plant,  franchise  for  to  be  sold  at  public  auction 1  188 

companies,  may  set  poles,  wires,  etc,  in  streets 5  191 

consent  to   place  wires  under-ground 5  192 

line,  council  may  direct  construction,  when 6  192 

TELEPHONE— 

plant,  franchise  for  to  be  sold  at  public  auction. ...     1  188 

company,  may  set  poles,  wires,  etc.  in  streets 5  191 

consent  of  city  to  place  wires  under-ground 5  192 

line,  council  may  direct  construction,  when 6  192 

TERMS  OF  OFFICE— SEE  OFFICES- 
TIE— 

in  election  of  alderman,  how  determined 6  28 

in  election  of  mayor,  how  determined 3  30 

TIRES— 

power  to  regulate  wridth  of 1  51 

TITLE  EXAMINERS— 

power  to  license,  tax  and  regulate 1  50-51 

TRADES— 

various,  power  to  license,  regulate,  tax  or  suppress . .     1  50 

TREASURER,   CITY— 

is  ex-offlcio  collector— general  duties 7  39 

tax  books  and  licenses  to  be  delivered  to 17  73 

may  allow  rebate  of  taxes 22  75 

may  receive  taxes  on  parts  of  lots 23  75 

must  give  receipts  for  taxes 24  75 

shall  seize  personal  property  for  taxes 25  76 

may  call  assistance 27  77 

may  sell  shares  of  stock  for  taxes 29  78 

must  furnish  comptroller  list  of  unpaid  taxes 30  79 

shall  sell  real  estate  for  taxes 35  81 

to  give  certificate  of  purchase 43  86 

to  execute  tax  deed 53  91 

penalty  for  official  dereliction 64  99 

collections  of  public  money  to  be  paid  over  to 1  212 

50 


702  INDEX  TO  LAWS. 

UNDERTAKERS-  SEC.  PAGE 

power  to  license,  tax  and  regulate 1  50 

city  undertaker  may  dispose  of  unclaimed  body,  how  18  220 

VACANCY— 

office  of  alderman  deemed  vacant,  when 4  27 

in  council,  how  filled 7  28 

in  office  of  mayor,  president  of  council  shall  act ....  14  2*9 

in  office  of  mayor,  how  filled 5  30 

in  elective  office,  mayor  may  fill 7  31 

special  election  to  fill,  how  held. .' 5  33 

in  office,  declared  upon  failure  to  qualify,  when.  ...  14  35 

VAGRANTS— 

power  to  define  who  are,  and  punish 1  53 

police  shall  enforce  laws  relating  to 5  168 

VALUATION— 

of  property  for  taxation  must  not  exceed,  what ....  11  7 

of  property  not  to  be  reduced,  except  when 1  G3 

VAULTS— 

under  sidewalks,  power  to  regulate  building  of 1  49 

VEHICLES— 

power  to  license,  tax  and  regulate 1  50 

may  regulate  width  of  tires 1  51 

license  for,  minimum  amount  to  be  charged 1  51 

VIADUCTS— 

power  to  compel  construction  of  at  railroad  crossings  1  55 

VOTERS— SEE  REGISTRATION— 

in  new  ward,  qualifications  of 5  25 

qualifications  of 8  34 

registration  of 1  202 

qualifications  of  etc .  . 5  204 

VOTING  PRECINCTS— 

council  may  provide 10  35 

WAGONAGE— 

power  to  fix  rates  of. 1  51 

WAREHOUSE— 

business,  power  to  prohibit  railroad  company  from 

doing 1  55 

WARDS  AND  BOUNDARIES— 

not  affected  by  reorganization  of  city 1  22 

how  changed 3-4  24 

annexed  territory  organized  into  new  ward 5  24 

ward  not  to  be  changed  when 6  25 

to  be  of  adjacent  territory  and  numbered 7  25 

power  to  extend  city  limits 1  56 


INDEX  TO  LAWS.  TO 3 

WARRANTS—  SEC.       PAGE 

for  violation  of  ordinance 5  213 

WATCHMEN,  PRIVATE— 

power  of  police  commissioners  to  license 19  177 

WATER  COURSES— 

power  to  alter  and  change  channel  of 1  50 

WATER  WORKS— 

city  may  purchase  and  hold  property  for 1  23 

power  to   establish 1  48 

franchise  for,  to  be  sold  at  public  auction 1  188 

power  to  erect,  maintain  and  operate 1,3  190,  191 

grant  of  right  for,  consent  of  voters  necessary 1  190 

modification  of  existing  grant 2  190 

WEIGHERS— 

power  to  appoint  and  regulate  fees  of 1  53 

WEIGHTS  AND  MEASURES-^ 

power  to  provide  for  inspection  of 1  52 

power  to  provide  for  measuring  wood,   etc 1  52 

power  to  provide  for  weighing  hay,  coal,  etc 1  53 

WHARF— 

power  to  erect,  repair  and  reguate 1  46 

WIRES— 

electric,  city  may  authorize  in  streets 4  191 

telephone  and  telegraph,  may  be  set  in  streets 5  191 

consent  of  city  to  place  under  ground.- 5  192 

council  may  direct,  height  to  be  run 6  192 

WITNESSES- 

council  may  compel  attendance  of 15  29 

power  to  regulate  fees  of 1  56 

police  commissioners  may  compel  attendance  of....  5  169 

WOOD- 

power  to  provide  for  inspection  of 1  52 

WORKHOUSE— 

power  to  erect,  purchase  or  rent,  and  regulate 1  54 

persons  committed  to,  may  be  required  to  work ....  1  54 

imprisonment  in,  not  to  exceed  six  months 1  55 

one  dollar  per  day  to  be  allowed  for  work 7  58 

county  prisoner  confined  in,  instead  of  jail,  when. .  19  220 

YEAR,  FISCAL— 

shall  commence,  when 1  47 

YEAS  AND  NAYS— 

of  members  of  council  entered  in  journal,  when ....  13  29 

recorded  on  final  passage  of  ordinance 13  29 


INDEX  TO  GENERAL  ORDINANCES 


OF  THE 


THE  CITY  OF  ST.  JOSEPH. 


(705) 


INDEX  TO  GENERAL  ORDINANCES 


OF 


THE  CITY  OF  ST.  JOSEPH 


ABATEMENT—  SEE  NUISANCES-  SEC.        PAGE 

of  unsafe  buildings,  powers  of  superintendent 6  263 

proceedings  to  condemn  and  abate 3-5  268 

of  nuisance,   powers  of   assistant   sanitary   superin- 
tendent         6  348 

costs  taxed  how,  notice 22  529 

ABSENCE— 

alderman  may  be  fined  for 3  285 

may  be  attached   4  286 

leave  of,  mayor  may  grant 6  493 

officer  not  to  be  absent  without  2  531 

of  member  of  fire  department   8-9   324-325 

ABSTRACTORS— 

license  for   1  225 

ABUSE— 

of  animals,  penalty 26  513 

ACCIDENTS— 

evidence  of  to  be  preserved  —  225 

duty  of  police  in  relation  thereto  1  22~5 

of   city   officers    2-6    226-228 

duty  of  street  car  conductors  in  case  of 3  572 

ACCOUNTS— SEE  REPORTS— 

to  be  kept  by  auditor  —  237 

comptroller  shall  attend  to  collection  of 4  287 

clerk  of  board  of  health  shall  keep,  what 7,  13  348,  358 

board  of  health  to  approve  14  350 

of  street  lighting  department,  how  kept 7-8  584 

(707) 


708  INDEX  TO   GENEKAL   Oi 

ADULTERATIONS—                                                                       SEC  PAGE 
of  food,  clerk  of    board  of  health    to    enforce    ordi- 
nances relating  to   2  356 

of  milk  prohibited,  penalty 1  501 

not  to  be  offered  guests  of  hotels,  restaurants,  etc .     2  501 

manufacture  of,  for  milk  or  cream  prohibited 7  504 

ADVERTISEMENT— SEE  PUBLICATION— 

for  contracts  by  city  engineer 1  292 

ADVERTISING— SEE  BILL  POSTING— 

certain  modes  of,  prohibited    29-33    514-515 

AFFIDAVIT— 

required  on  assessment  list   4  234 

of  chief  of  fire  department  to  pay  roll 7  324 

of  merchant  on  statement  to  assessor 4  496 

of  printer  to  publication  of  ordinances 1  536 

required  on  report  of  workhouse  superintendent ....     7  662 

AGENTS— 

license  required  of  various  2    475-477 

ALDERMAN— SEE  COMMON  COUNCIL— 

resignation  of   1  285 

may  be  fined  for  absence  2  2&5 

attachment  may  issue  for  4  286 

ALLEYS-SEE  HIGHWAYS- 
AMMUNITION— 

sale  of  to  certain  persons  prohibited 9  509 

AMUSEMENTS— 

license  required  for  various 1-9   228-231 

regulations  for  doors  of  places  of 11  232 

chairs  not  to  kept  in  passage  way  of 13  232 

loitering  about  place  of,  prohibited  4  507 

not  allowed  in  street   14  510 

ANALYSIS— 

of  food  and  drink,  city  chemist  to  make 2,  4  356 

of  ice  required 2,  3  463 

of  milk,  special  attention  to  be  given  to 1  501 

milk  dealer  to  furnish  samples  for 4  502 

ANIMALS— SEE  IMPOUNDER— 

dead,  mover  of  to  register  at  health  office 1,  7  341,  343 

removal  of,   regulations  governing 3,  4  342,  523 

street  commissioner  to  cause  removal  of 2  642 

not  to  run  at  large— may  be  impounded  and  sold ....  1-2  466 

must  not  be  turned  out  to  be  impounded 6  467 

not  to  be  hitched  to  shade  tree,  awning,  post,  etc ....  20  512 

not  to  be  driven  on  bridge  faster  than  a  walk 22  512 

must  not  be  driven  on  sidewalk  23  512 


INDEX  TO   GENERAL   ORDINANCES.  709 

ANIMALS— Continued.                                                                     SEC.  PAGE 

fast  driving— leaving  unfastened    24  513 

cruelty  to  26  513 

not  to  be  slaughtered  in  city   27  513 

exposing  male    43  518 

offensive  pens  for 6  524 

APPEAL— 

from  police  court,  city  attorney  to  prosecute 1  235 

city  attorney  may  appeal  from 18  556 

from  boiler  inspector   4  248 

from  decision  of  city  electrician  11  317 

APPOINTMENTS— SEE  OFFICERS— 

of  commutes  of  common  council   1  284 

of  judges  of  election   3  308 

of  clerks    5  309 

by  mayor  to  fill  vacancies 22  314 

of  employes  at  electric  light  plant 3  315 

of  foremen  and  members  of  fire  department 4  323 

of  deputies  by  officers  18  534 

APPROPRIATIONS— 

general,  for  repair  of  streets,  sewers  and  bridges ....     4  320 

engineer  not  to  incur  liability  in  excess  of .......     5  320 

for  quarantine,  how  applied   7  367 

AREAS— 

regulations  for  construction  of   15-16  446-417 

ASSEMBLY— 

by  sale  of  goods,  etc.,  on  sidewalks  prohibited 9  444 

unlawful,  what  is   1  507 

disturbing  religious   3  507 

ASSESSMENT— 

or  real  property— improvements 3  233 

of  personal  property— affidavit  to  list  4  233 

of  bank  stock— assessor  to  deliver  notice   5  234 

lists,  full  name  to  be  signed  6  234 

of  merchants,  assessor  to  make  list  of 9  498 

ASSESSOR— 

may  appoint  deputies    1  233 

general  duties  of 1-6  233-235 

shall  furnish  certificate  to  applicants  for  dramshop 

license 10  303 

duty  of,  upon  receiving  merchant's  statement   5  496 

to  return  list  of,  to  council  9  498 

ATTACHMENT—  I 

for  absent  alderman    4  286 

for  witness  in  police  court  24  558 


710  INDEX   TO   GKXEKAL   ORDINANCES. 

ATTORNEY,  CITY-  SEC.       PAGE 

general   duties  of . . .  l  235 

to  report  prosecutions  under  milk  ordinance 12  505 

suits  in  police  court,  notices  to  be  served  on 16  556 

may  make  affidavits   17  556 

may  appeal    18  556 

police  judge  may  appoint,  when 31  560 

AUCTIONEER— 

must  have  license  1  236 

bond  required    2  236 

may  ring  bell,  when 3  236 

not  to  cry  sale  on  sidewalk  or  street 9  444 

AUDITING  COMMITTEE— 

shall  pass  upon  what  claims 1  238 

AUDITOR— 

general  duties  of— to  be  general  accountant 1  237 

to  draw  warrants   2  239 

indebtedness  to  city  to  be  deducted  3  239 

to  strike  monthly  balance   4  239 

to  settle  with  finance  committee   5  239 

shall  report  to  comptroller   6  239 

to  deliver  canceled  indebtedness  to  finance  commit- 
tee     7  240 

may  appoint  deputy   8  240 

to  grant  dramshop  license 5  302 

to  report  number  issued  to  county  21  307 

shall  not  grant  license,   when 22  307 

duties  of,  in  issuing  licenses  1-16  482 

to  make  monthly  statement  of  merchants'  license.  .  8  498 

to  keep  record  of  licenses  for  vehicles 2  653 

AVENUES— 

designated  by  names  and  numbers 1  368 

AVOCATIONS— 

license  required  of  various  475-481 

AWARDS— 

for  public  work,  general  provisions  relating  to 292-294 

.  statement  of,  to  include  what  information 6  294 

AWNING— 

how  erected 6  443 

posts,  must  not  be  defaced  or  injured :, 18  511 

animals  not  to  be  hitched  to 20  512 

BADGE— 

to  be  worn  by  chief  of  fire  department 10  325 

by  firemen   13  327 

huckster  shall  wear— auditor  to  furnish    2  462 

runner  shall  wear   .                         3  586 


INDEX   TO   GENERAL  ORDINANCES.  711 

BAGATELLE  TABLE—                                                                 SEC.  PAGE 

license,   amount  of    1  241 

BAGGAGE— 

solicitation  of,   at  passenger  depots. 1-2  543 

wagons,  stand  for,  at  Union  Depot  designated 7  544 

rates  for  carriage  of    3-4  653-654 

BAIL- 

prisoner  to  be  committed  in  default  of 9  554 

BAKERIES— 

license,   amount  of 1          240 

BALL— 

public,  license  required  for   I 1  229 

baseball  park,  license  required  of  keeper 5  478 

playing,  in  street  14  510 

in  public  parks  or  squares,  forbidden 3  540 

BALLOT-SEE  ELECTIONS- 
BANK— 

stock  and  real  estate,  assessment  of 5          234 

license,  amount  of 1          241 

BANNER— 

carrying,  on  street,  permit  required   29          514 

BARBED  WIRE— 

fences,  prohibited 37          516 

BARRIERS— 

removing  from  dangerous  place 35          516 

BATHING— 

where  restricted 39          517 

BAWDY  HOUSES— SEE  ILL-FAME— 
BEER  CARRIERS— 

employment  of  lewd  women  as,  prohibited 17          306 

BEGGARS— 

when  vagrant   1          648 

BELL— SEE  GONG— 

auctioneer  may  ring,  when    3          236 

bicycles  must  be  provided  with,  sounded  when 5          658 

of  locomotives  shall  be  rung,  when 6          567 

BENZOINS— 

regulations  for  storage  of   1          339 

BIDS- 

for  public  work,  provisions  concerning   1-6  292-294 

for  city  printing    1-5  564-565 

BICYCLES-SEE  VEHICLES— 

regulations  governing 1-7  657-658 


712  INDEX  TO   GENERAL   ORDINANCES. 

BILL  BOARDS-                                                                                   SEC.  PAGE 

location  of,  to  be  registered    3  243 

how  constructed— repair  of    4  243 

to  be  kept  free  from .  loose  paper 5  243 

inspection   of    9  244 

BILL  POSTING— 

license  required  for 1  242 

not  required  for  posting  legal  notice,  etc 1  243 

bill  poster  defined  : 2  243 

posters  not  to  be  affixed  to  sidewalks,  etc.,  Avithout 

consent    6  244 

nor  on  walls,  fences,  etc.,  without  permission...  30  514 

destroying  posters,  etc 7  244 

handbills,  etc.,  not  to  be  thrown  upon  streets 31  515 

distributing  without  license,  penalty   32  515 

BILLIARD  TABLES,  ETC— 

license  for   1  '    241 

penalty  for  permitting  minor  to  play  2  241 

license  plate  to  be  exposed  3  242 

BIRTHS— 

record  of  to  be  kept— shall  be  reported . . .  i-2  361 

BLACKSMITH  SHOP— 

chimneys  or  flues  to  have  spark  arrester 9  338 

BOARDS— SEE  BOILERS— SEE  HEALTH— SEE  PARKS- 
BOARDING  HOUSES—  » 

license  for   2  461 

shall  not  offer  guests  impure  milk   2  501 

BOARDING  STABLES- 

license  for 5  479 

BOILERS,  STEAM— 

inspector  of,   appointment,   qualifications— deputy. ..     1  245 

duties  of,  to  inspect  boilers,  etc   2  246 

to  make  semi-annual  report   9  251 

failure  of  duty,  penalty   11  252 

board  of  engineers,  who  constitute — appointment  of.     1  245 

duties  of,  shall  issue  engineers'   certificates 3  247 

certificates  of  inspection,  issue  of,  etc   8  250 

engineers  license,  proceedings  to  obtain   14  253 

owner  of  boiler,  may  appeal  from  inspector 4  248 

must  employ  licensed  engineer   7  249 

permit  to  set  up  boiler— two  engineers  required,  when    5  248 

salaries  and  bonds  of  inspector  and  board 10  251 

to  be  tested  once  a  year  6  249 

not  applicable  to  private  residence,  except......  15  254 

what  engineers,  engines  and  boilers  expected 12  252 


INDEX   TO   GEXERAL   ORDINANCES.  713 

BONDS— SEE  VARIOUS  OFFICES—                                       SEC.  PAGE 

for  payment  of  theater  license  9  231 

auctioneers  to  give   2  236 

city  officer  not  accepted  on   1  531 

city  officers  to  give  1-3    254-255 

city  ptinting,  contractor  for,  to  give   3  564 

comptroller  to  deposit  proceeds  from  sale  of 3  287 

contractors  to  give   4  294 

dealer  in,  license  for   3  477 

dramshop  keeper  to  give    5  302 

excavating  in  streets,  to  be  given  for 1-2  437 

house  mover  to  give   2  277 

merchants  to  give  for  payment  of  license 6  496 

police  court,  for  appearance  in    6  553 

proceedings  on  forfeiture    7  554 

on  continuance  of  case    14  555 

of  witnesses   25  558 

runners  to  give    5  587 

scavengers  to  give  3  592 

sewers,  private,  for  construction  of 8  600 

vagrant  to  give  for  good  behavior 5  650 

•    vehicle,  licensed,  driver  to  give   6  654 

BOOKS— SEE  RECORDS— 

blank,  to  be  let  to  lowest  bidder  4  565 

obscene,  sale  or  exhibit  of 44  518 

BOUNDARIES— 

corporate  limits  extended  and  defined   1  255 

of   wards    • 1  256 

of  voting  precincts   1  258 

of  fire  limits  of  first-class   1  329 

of  second  class   '  3  330 

of  streets,  avenues  and  roads   —  368 

of  sewer  districts —  606 

BOXING  EXHIBITIONS— 

not  allowed  in  dramshop   16  306 

BREACH  OF  PEACE— 

provoking  a  2  507 

BREWERS— AGENT— 

license  for  2  476 

BRIDGES— 

engineer  shall  repair   2  319 

fast  riding  or  driving  over  22  512 

BROKERS— 

real  estate,  money,  or  insurance,  license  for 477 


INDEX  TO   GENERAL   ORDINANCES. 

BUILDINGS-  SEC.     PAGE 

department  for  inspection  of  1  261 

members  of  department 3  262 

superintendent,  to  be  appointed 2  262 

qualifications,  duties,  powers,  etc 4-6  262-263 

bond  of 1  254 

to  inspect  bill  boards 9  244 

records,  how  kept 7  263 

permit  for  erecting  building,  how  issued  1  264 

plans  to  be  examined 2  265 

for  additions  or  repairs  3  265 

occupying  street  with  material  4  265 

penalty  for,  etc  5  265 

application  for,  to  contain  what  6  266 

record  of,  to  be  kept  7  266 

superintendants'  fees — how.  disposed  of  8  266 

must  require  that  sewer  connection  be  made.  ...  21  605 

unsafe  buildings,  owner  to  be  notified  1  267 

must  be  removed  or  protected  2  267 

proceedings  to  condemn  3  268 

owner  of,  to  be  reported  for  keeping  nuisance.  .  4  268 

penalty  5  268 

duty  of  superintendant  as  to  dangerous  building.  6  269 

construction  of  buildings,  to  conform  to  ordinance.  .  1  270 

foundations  to  be  of  masonry  2  270 

walls  to  be  anchored  3  270 

outside  of  fire  limits  4  271 

walls  within  fire  limits  5  271 

roofs  to  be  of  tin  or  slate  6  271 

chimneys  and  flues,  how  built  7  271 

of  incombustible  material 8  272 

walls  to  be  protected 9  272 

wooden  buildings  may  be  authorized  10  272 

frame,  basement  walls  of  11  273 

to  be  inspected  12  273 

height  of  stories 13  273 

business  buildings,  thickness  of  walls  14  274 

existing  party  walls  may  be  used  15  275 

certain  terms  defined  16-18  275 

height  taken  from  what 19  276 

red  light  to  be  at  obstruction  20  276 

penalty 21  276 

fire  escapes,  construction  of  3  334 

vaults  under  sidewalk,  regulations  for 15  446 

removal  of  buildings,  to  be  by  house  mover 1  276 

shall  give  bond 2  277 

permit  required,  by  whom  issued  3  277 


INDEX  TO   GENERAL   ORDINANCES.  715 

BUILDINGS— Continued.  SEC        PAGE 

numbering  of  buildings,  superintendent  to  give  num- 


bers   . 1 


plan  for  numbering   2  278 

lire  limits,  buildings  within— how  constructed 2,4  329,331 

raising  and  removal  of  wooden  buildings  within.     5  331 

penalty   6  332 

superintendent  to  order  removal,  w^hen   7  332 

fire  escapes,  what  buildings  to  be  provided  with.... —   333-33G 

superintendent  of  buildings  may  order  erection  of     2  334 

prevention  of  fires  in  buildings    —   336-338 

storage  of  combustibles  in   —   339-340 

placing  buildings  in  street,  prohibited 3  442 

windows  and  cellar  doors,  regulations  for   10  445 

injuring  buildings,   posts,   etc    18  511 

drains,  how  connected  with  buildings 13  602 

sewer  connection  must  be  made   21  605 

BURIAL— SEE  DEATHS— 

permit  must  be  procured   1  359 

body  not  to  be  interred  without   2  359 

sextons  to  report  interments    3  359 

penalty   8  360 

BUSINESS— 

license  required  for  various  kinds  —   475-480 

CALVES— 

cruelty  to   26  513 

CANNON— 

permit  necessary  to  discharge  in  city  13  339 

CARRIAGES— SEE  VEHICLES— 

for  passengers,  at  Union  Depot— regulations  govern- 
ing        3  543 

license  for   1  652 

driver  of  licensed  carriage  to  give  bond 6  654 

CARS— SEE  RAILWAYS— 

climbing  upon  or  leaving  while  in  motion 15  510 

not  to  pass  over  fire  hose  21  512 

CATTLE— SEE  ANIMALS— 

dealer,  license  for   5  479 

yards  or  pens  deemed  a  nuisance,  when 6,21    524-529 

CELLAR— 

door  or  window  in  sidewalk   10  445 

must  not  be  left  open  14  446 

CEMETERIES— 

must  have  certificate  for  burial  in  1  359 

sextons  must  report  interments    ,                                        3  359 


716 


I.XDKX   TO   GENERAL   ORDINANCES. 


CERTIFICATE-  SEC.       PAGE 

of  election  to  be  issued   11  311 

of  advertisement  of  unreemed    real    property,    form 

of   2  584 

CHEMIST,  CITY— 

held  to  mean  clerk  of  board  of  health 5  356 

CHILD- 

not  to  be  on  street  during  night  time,  when 11  509 

parent  or  guardian  responsible,   when 12  510 

police  may  arrest  and  detain,  when 13  510 

CHIMNEYS—SEE  FLUES— 

building,  of  regulations  for 7  271 

to  be  cleaned  3,  5    279,  280 

CHIMNEY  SWEEP— 

office  of,  created 1  270 

appointment— term— bond 2  279 

duties  of , 3-5    279-280 

CIGARETTES— 

sale  of,  to  minors  prohibited   10  509 

CIRCUS— 

license  for  1  228 

CISTERNS,  PUBLIC— 

drawing  water  from,  penalty   34  515 

CITY  OFFICERS  AND  EMPLOYES-SEE  OFFICERS— 

provisions  concerning   —   531-535 

CITY  PROPERTY— 

comptroller  shall  attend  to  sale  of ,  etc 4  287 

CLAIM  AGENT— 

license  for   2  -±75 

CLAIMS— 

committee  on,  appointment  of   1  284 

auditor  to  examine  and  audit  1  238 

CLAIRVOYANT- 

f ortune  teller,  license  for  4  477 

CLERK— SEE  ELECTIONS— 

of  city,  general  duties   1-4    281-282 

may  appoint  deputy  5  282 

custodian  of  printed  copies  of  laws  and  ordinances    6  282 

of  election,  appointment  of   5  309 

of  board  of  health,  appointment  of 1  347 

duties— salary— bond 7  348 

qualifications— additional  duties 1-5    355-356 

shall  have  charge  of  dispensary  1  358 

treasurer  may  employ 3  645 

COAL— 

holes,  in  sidewalk  constructed,  how  15  446 


INDEX  TO   GENERAL   ORDINANCES.  717 

COAL— Continued.  SEC.       PAGE 

dealers,  license  for    4  477 

must  be  weighed   2  588 

COAL  OIL— 

storage  of,   provisions  governing    1-4    339-340 

night  watch  to  be  kept,  when 5  340 

COASTING— 

on  sidewalks  with  sleds,  etc   14  510 

on  streets  with  bicycles,  etc.,  prohibited <>  658 

COLLECTOR— SEE  TREASURER— 

COMBUSTIBLES— SEE  FIRE  DEPARTMENT— 

ignition  of,  in  streets   4  3b  T 

not  to  be  stacked  near  house  6  337 

shavings  to  be  removed  from  shops,  etc   11  338 

nitro  glycerine  not  to  be  kept 12  338 

storage  of— phosphorus,  coal  oil,  etc   1-6   339-340 

COMMERCIAL  AGENCY— 

license  for   5  480 

COMMERCIAL  AGENT— 

license  for   2  476 

COMMISSIONERS— SEE  PARK— SEE  STREET— 

compensation  of,  in  condemnation  proceedings 6  291 

police,  may  appoint  secretary  of  police  court 1  561 

COMMISSIONS— 

of  city  officers,  clerk  shall  prepare  1  281 

made  out  and  delivered,  when  11  311 

COMMISSION  MERCHANTS— 

license  for 4  478 

COMMITTES— 

standing,   appointment  of 284-285 

judiciary,   of  whom   composed— duties 2  284 

ordinance,  duties  of   3  284 

legislation,   duties   of    4  285 

board  of  health,  appointment  of  1  347 

COMMON  COUNCIL— 

alderman  absent  from  meeting  of,  may  be  fined ....  3  285 

attachment  may  issue  for  4  286 

chief  of  police  to  attend  meetings  01 2  285 

counselor  to  attend  meeting  of   1  295 

matters  to  be  referred  to  committees 5  286 

report  may  be  deferred    5  286 

vote  of  how  reconsidered  or  rescinded 6  286 

COMPENSATION— SEE  FEES— SEE   SALARIES— 

of  commissioners  in  condemnation  proceedings 6  291 

of  judges  and  clerks  of  election  16  312 

51 


718  INDEX   TO   GENERAL   ORDINANCES. 

COMPENSATION— Continue,..  SK(..       PAGE 

for  collecting  delinquent  taxes 1  584 

of  laborers  and  teams  in  street  commissioners'   de- 
partment       3  642 

COMPTROLLER— 

bond  of 2  254 

deputy  may  be  appointed  by 11  280 

general   duties  of .1-9    28"6-289 

report  of,   shall  state  what 5  287 

to  furnish  stationery  and  supplies  for  offices 10  289 

to  certify  amount  to  be  raised  by  taxation 6  288 

to  be  at  office  during  council  meetings 9  289 

to  open  bids  for  public  work 1  293 

to   countersign   licenses 7  288 

shall  prescribe  form   of 14  482 

to  attend  tax  sales 8  288 

to    cause    accounts  •  of    lighting    department    to    be 

classified  7  584 

CONCEALED  WEAPONS— 

carrying  of,   prohibited 7  508 

CONCERTS— SEE  AMUSEMENTS— 

license  for 1  229 

CONDEMNATION  PROCEEDINGS— 

in  opening  street,  etc.,  plats  to  be  furnished,  when ...     1  290 

certificate  of  award— tax  bills 2  290 

tax  bills  to  be  recorded 3  291 

counselor  to  begin  suits,  when 5  291 

how  collected  by  treasurer 4  291 

compensation  of  commissioners,  in 6  291 

CONDUCTORS— SEE  RAILWAYS— 

must  not  stop  train  on  street  crossing 2  566 

duty  of,  on  street  car 3  572 

CONDUITS— 

laying  in  streets,  regulations  governing 1  436 

COTAGIOUS  DISEASES-SEE  HEALTH  DEPARTMENT- 

duty   of   health   officers ." 9,  5  349,  354 

may  be   quarantined . . . 7  354 

physicians  must  notify  health  officer  of 10  354 

veterinary  hospital  not  allowed 28  514 

CONTEMPT— 

what   is,    how   punished 1-4  562-563 

CONTRACTS— 

to  be  advertised  by  engineer 1  292 

let  to  lowest  bidder 2  293 

to   be  entered   into. .                                                             3  293 


INDEX   TO   GENERAL   ORDINANCES.  719 

CONTRACTS— Continued.  SEC.       PAGE 

performance  to  be  secured,  by  bond 4  294 

to  be  approved  by  counselor 5  294 

duties  of  engineer  as  to 2  319 

for  first-class  crossings,  how  let 9  435 

for  constructing  sidewalks 5  452 

for  repairing  sidewalks 5,  8  457,  458 

for  city  printing 1-5    564-565 

for   construction   of   sewers 1  59 1 

CORN  DOCTOR— 

license   for 4  478 

CORPORATE  LIMITS— 

boundaries  of 1  255 

COSTS— 

of  paving 4  431 

of   repairing   streets 10  435 

of  sidewalk  repairs,  how  taxed 9  459 

of  abating  nuisance,  taxed  against  property,  when . .  22  529 

in  police  court,  informer  liable  for,  when 15  555 

bill  of,  to  be  examined 4  562 

of  constructing  sewer  to  be  itemized  on  tax  bill.  ...  22  606 

COSTUMER— 

license  for 4  478 

COUNCIL  PROCEEDINGS—  SEE  COMMON  COUNCIL— 

record  of,  to  be  kept 2  <?81 

COUNSELOR,  CITY— 

bond  of 1  254 

condemnation  proceedings,  shall  collect  tax  bills,  in. .  5  291 

contracts,  must  draft  or  approve  form  of 5  294 

general  duties  defined 1  295 

may  require  assistance  of  detective,  when 6  227 

sidewalk  repairs,   shall  collect  tax  bills  for 12  460 

shall  prosecute  suspended  officer,  when 16  534 

COURT— SEE  POLICE- 
COURTEZAN— 

not  to  ply  trade 45  518 

is  a  vagrant 1     ,     649 

COWS— SEE  ANIMALS—  SEE  MILK— 

to  be  impounded  when  running  at  large 1  466 

offensive   pens   for 6,21  524,  529 

CROSS  GUTTERS— 

how  constructed   6  432 

CROSSINGS— SEE  RAILWAYS— 

not  to  be  obstructed  by  engine  or  cars 2  566 

street  cars  not  to  stop  on 3  572 


720  INDEX  TO   GENERAL   ORDINANCES. 

CROSSINGS— Continue^.  SEC.  PAGE 

railroad,  street  car  to  stop  at. 11  575 

drop  bars  to  be  placed  at,  when 11  568 

watchman  to  be  stationed  at,  when 10  568 

for  street  railway  tracks,  construction  of 1  581 

CROSSWALKS— 

tearing  up  or  injuring,  penalty  for 1  441 

how  constructed 8  433 

first-class,  to  be  let  by  contract,  when. 9  435 

not  to  be  obstructed  by  vehicles 12  445 

CROWD— 

collecting  upon  sidewalk  by  sale 9  444 

CRUELTY— 

to  animals 26  513 

CURBING— 

posters  not  to  be  affixed  to 6  244 

shall  consist  of  what 2  429 

to  be  kept  in  repair 2  456 

DAIRIES— SEE  MILK— 

license  for 3  502 

location  of  to  be  registered 5  503 

inspection  of 6  503 

DAMAGES— 

in  condemnation  of  private  property,  award  of 2  290 

persons  digging  in  street  must  give  bond  to  cover ...  1  436 

recovery  of,  permitted  by  ordinance 5  537 

to  trees  by  animal,  owner  liable 4  648 

DANGER  SIGNAL— 

not  to  be  removed  or  interfered  with 35  516 

DEAD  ANIMALS— SEE  ANIMALS— 

not  to  be  left  in  street 16  527 

DEAD  BODIES— 

not  to  be  interred  without  permit 2  359 

DEATHS— SEE  HEALTH  DEPARTMENT— 

at  hospital,  health  officer  to  keep  record  of 9  354 

certificates,  physicians  shall  make,  when 4  359 

health  officer  shall  give,  when 5  360 

record  of  to  be  kept 1  361 

to  be  reported  by  attending  physician 3  361 

DEBTS— 

firemen  may  be  discharged  for  refusing  to  pay 14  327 

DELINQUENT  TAXES— 

compensation  for  collecting 1  584 


INDEX   TO   GENERAL   ORDINANCES.  721 

DEPOSITIONS—  SEC.  PAGE 

may  be  read  on  trial  of  suspended  officer 15  533 

may  be  read  in  police  court 22  557 

DEPOSITS— 

with  city  officer  by  corporation,  etc., how  disposed  of.  21  535 
required   to   cover   cost   of   publishing   certain   ordi- 
nances    9  538 

treasurer  shall   make  daily 6  646 

DEPOTS,  PASSENGER-SEE  UNION  DEPOT— 

solicitation  of  passengers  at,  provisions  governing.  .  1  543 

hotel  runners  not  to  solicit  in 2  543 

carriages  for  passengers — vehicle  stand  at 3  543 

DEPUTIES— SEE  OFFICERS— 

assessor  may  appoint  1  233 

officers  may  appoint   18  534 

DETECTIVE— 

counselor  may  require  services  of 6  227 

DIGGING  IN  STREET-SEE  EXCAVATIONS- 

without  permit,  penalty  for 1  441 

DISEASES— SEE    HEALTH    DEPARTMENT— 

prevalence  of  dangerous,  duty  of  health  officer 4  353 

contagious,  physicians  to  notify  health  officer  of.  ...  10  351 

DISORDERLY  CONDUCT— SEE  MISDEMEANORS— 

in  the  market,  market  master  may  arrest 5  491 

in  or  near  place  of  worship 3  507 

DISPENSARY,  CITY— 

how  conducted 1  358 

DISTRIBUTIONS— 

of  copies  of  revised  laws  and  ordinances 7  283 

of  samples  of  merchandise,  hand  bills,  etc 32  515 

of  samples  of  medicines,   etc 33  515 

DISTURBANCE— 

at  election 15  312 

of  the  peace  of  others 2  50? 

of  religious  or  other  assembly 3  507 

by  runners,  prohibited   4  586 

DOGS— 

to  be  registered  and  wear  a  collar 1  296 

clerk  to  furnish   tag— fee 2  29o 

to  keep  a  record,  etc 3  297 

must  wear  collar  with  tag 4  297 

vicious  dog  must  not  be  kept 6  297 

must  be  muzzled,  when 7  297 

barking  dog  8  298 

female,  not  to  run  at  large  when  in  heat. 9  298 


722  INDEX   TO   (IKXEKAI 

DOGS— Continued.                                                                              SEC.  PAGE 

impounder  to  take  up 10  298 

record  to  be  kept  of  dogs  killed 11    .       299 

country  (Tog 12  299 

not  to  be  killed,  until  when 14  299 

harboring  dog,  what  is 16  300 

fees  of  impounder 17  300 

not  allowed  at  large  in  parks 10  5-ti 

DRAINS— SEE  SEWERS- 
DRAMATIC   EXHIBITIONS— SEE   AMUSEMENTS- 
DRAMSHOPS-. 

keeper  of,   defined 2  301 

intoxicating  liquor  denned 3  301 

license,    amount   of 4  302 

how   issued— bond   required 5  302 

for  business  at  one  place — how  transferred 6  302 

shall  be  issued  for  three  months 7  303 

application  for— petition  required •    8  303 

certificate  of  assessor 9-10  303 

to  be  kept  at  place  designated  in  license 11  304 

selling  to  minor— lewd  women 13  304 

not  to  be  kept  open  on  Sunday  or  election  day 14  304 

performing  on  musical  instruments,  sparring,  boxing, 

gaming  tables,  prohibited  in 16  305 

lewd  women,  employment  of  prohibited 17  306 

not  to  be  kept  in  house  of  ill-fame 18  306 

intoxicating  liquors  not  to  be  sold  in  theatre 19  306 

license  may  be  revoked 22  307 

loitering  near 4  507 

DRIVERS— SEE  VEHICLES— 

of  vehicles  to  keep  to  the  right 25  513 

of  street  cars,  duties  of 3  572 

of  licensed  hacks,  etc.,  to  give  bond 6  654 

intoxicated  while  on  duty,  penalty 7  654 

refusing  or  deceiving  passenger,  penalty 8  655 

of  express  and  job  wagons,  regulations  concerning. .  .1-2  656 
DRIVING— SEE  MISDEMEANORS— 

over  fire  hose  prohibited   21  512 

on  bridge  faster  than  walk 22 

on  sidewalk,  prohibited   23  512 

fast  driving,  prohibited 24  513 

DRUGS— 

itinerant  vendor  of,  license  for 7 

DRUNKENNESS— 

an  offense,  when   6 

of  drivers  of  licensed  vehicle,  penalty 7  654 


IXDEX  TO   GENERAL  ORDINANCES.  723 

DYNAMITE— SEE  NITRO-GLYCERINE—  SEC.        PAGE 

EARTH— 

removal  of,  irom  street,  etc 1  441 

sidewalks  to  be  kept  clear  of 11  445 

EATING  HOUSES— 

license  for 5  479 

ELECTION— 

ballots,  ballot  boxes,  etc.,  how  returned 8  310 

ballots  not  to  be  examined 14  311 

certificates  to  be  issued,  when 11  311 

clerks  of,  how  appointed 5  309 

compensation  of  judges,  clerks,  etc 16  312 

dramshop  not  to  open  on  election  day 14  304 

how  conducted 7  310 

governed  by  what  laws 1  308 

judges  to1- have  copy  of  ordinance  governing 19  315 

judges  of,  appointment  of 3  308 

notice  to  be  given  by  city  clerk 6  309 

voters  may  elect,  when 4  309 

to  preserve  order 15  312 

judge  or  clerk  quitting  service,  penalty 12  311 

when  sick,  another  to  be  selected 13  311 

notice  of,  how  given  2  308 

officers  to  be  provided  at,  by  chief  of  police 17  312 

precinct  boundaries  and  polling  places 1  258 

rejected  ballots  to  be  preserved 9  310 

returns  of,  to  be  canvassed,  how 10  310 

seizing  ballot  box,  penalty 18  313 

special  elections  governed  by  same  laws 21  313 

proclamation  for 23  314 

tie  vote,  how  determined 20  313 

vacancies,  how  filled 22  314 

ELECTRICIAN,  CITY— 

office  of,  created— term— bond 1  314 

qualifications  of 2  315 

general  duties  of 2-12    315-318 

ELECTRIC  LIGHT  PLANT,   CITY— SEE   STREET   LIGHTING— 

city  electrician  shall  superintend 3  •       315 

to  file  inventory  of  supplies  and  unpaid  bills,  when     8  584 

poles  or  towers  of,  penalty  for  climbing  on 17  511 

ELECTRIC  WIRES— 

alteration  or  addition  to,  electrician  to  be  notified ....     8  316 

disturbing  or  destroying  poles,  wires,  etc 16  511 

inspection  of 6  316 

record  to  be  kept,  certificate  to  be  given 10, 12  317,  318 

appeal  from  decision  of  city  electrician 11  317 


INDEX   TO   (IEXEIIAL   OimixAxri-:s. 

ELECTRIC  WIRES— Continued.  SEC.        PAGE 

rules  for  electrical  wiring 7          310 

term,  denned 9          317 

EMPLOYES— 

city,  general  provisions  relating  to 1-22    531-535 

must  be  a  citizen 19          534 

what  is  a  legal  day's  work  of 20          535 

license  will  protect,  when 18          483 

EMPLOYMENT— SEE  INTELLIGENCE  OFFICES- 
ENGINEER,   CITY— SEE   HIGHWAYS— SEE   SEWERS— 

accident,  to  diagram  place  of,  when 3          226 

bond  of 1  254 

building    inspection    department,    is    ex-officio    mem- 
ber of ! 3          262 

condemnation  proceedings,  to  furnish  plats  for 1          290 

duty  as  to  tax  bills 3          291 

contracts,  to  advertise  and  let —    292-21)4 

duties  of,  in  general 1-6    318-321 

in  grading,  improvement  and  repair  of  streets ....  —   429-435 

as  to  excavations  in  streets —   436-441 

as  to  construction  of  vaults  under  sidewalk.  . .  .15-16   446-447 

in  relation  to  sidewalks —   448-459 

as  to  railway  drop  bars  and  gates 11-12          569 

to    notify    street    railway    company    to   restore 

street,  etc 16          577 

as  to  reconstruction  and  paving  of  street  railway 

tracks —   577-581 

as  to  plank  crossings  for  street  railway  tracks.  . .  . —    581-582 

in  relation  to  sewers  and  drains —    597-606 

may  replant  shade  trees,  when 2          647 

qualifications  of   1 

ENGINEERS— SEE  BOILERS— 

board  of  examining,  appointment  of 1 

duties  of— to  grant  engineer's  license 3          247 

stationery,  must  have  license  to  run  engine.  .' 3, 14  247,  523 

chief  and  assistant,  of  the  fire  department 2 

ENGINES,  LOCOMOTIVE— SEE  RAILWAYS— 

climbing  or  jumping  upon,  penalty 15 

regulations  governing —    566-570 

ENTERTAINMENTS,  PUBLIC— 

license  for  various  1 

ESTIMATES— SEE  CONTRACTS— 

of  cost  required  in  application  for  building  permit. .  .     1          264 

comptrollers,  of  amount  to  be  raised  by  taxation 6 

of  cost  of  public  work,  engineer  shall  prepare 2          319 


INDEX  TO  GENERAL  ORDINANCES.  725 

EXAMINATION-SEE  INSPECTION-                                  SEC.  PAGE 

books  of  officers  to  be  submitted  for,  when 4  532 

of  accounts  and  claims  duty  of  auditor 1  238 

of  applicant  for  engineer's  license 3,  34  247,  253 

EXCAVATIONS— 

for  private  sewers  or  drains 7  599 

in  streets,  etc.,  provisions  concerning —   436-441 

to  be  guarded 2  442 

under  sidewalk    15-16   446-447 

EXECUTIONS— 

by  judge  of  police  court,  form  of 19  556 

in  default  of  payment  defendant  to  be  committed.  ...  20  557 

items  of  costs  in,  to  be  examined 4  562 

EXHIBITIONS— SEE  AMUSEMENTS— 

license  for  various  1  228 

in  dramshop,  what  prohibited 16  305 

immoral  or  lewd,  prohibited 44  518 

EXITS— 

of  places  of  public  amusement 11  232 

EXPLOSIVES— SEE  GUNPOWDER— 

nitre-glycerine  not  to  be  kept 12  338 

not  to  be  discharged  without  permit 13  339 

sale  of,  to  minors 9  509 

EXPRESS  COMPANIES— 

license  for 1  643 

EXPRESSMEN— SEE  PASSENGER  DEPOTS- 
EXPRESS  WAGONS— SEE  VEHICLES— 

license  for 1  652 

stand  for 1  656 

FACTORIES— 

inspection  of 1  321 

to  be  provided  with  fire  escapes 1  333 

what  are  deemed  nuisances  10  525 

FAIRS— 

license  for 8  230 

FALSE  ALARM— 

of  fire    5  508 

FALSELY  REPRESENTING— 

an  officer  41  517 

place  of  residence,  in  transferring  vehicle  license.  ...  11  656 

FARES— 

street  railroads  cannot  increase 5  573 

rates  of  in  vehicles  3  653 

to  be  posted  : 9  655 


I.XDKX     TO     (iKXKIJAL     ORDINANCES. 

FAST  DRIVING— SEE  DRIVING—  SEC  PAGE 

on  streets,  etc  24  513 

FEED  STABLE— SEE  WAGON  YARD— 

license  for 5  479 

FEES-SEE  COMPENSATION- 

for  engineer's  license 3  247 

for  inspection  of  boilers 8  250 

of  superintendant  of  buildings 8  266 

of  chimney  sweep 3  280 

of  clerk  for  copies  of  papers,  etc 3  282 

for  registering  dog 2  296 

of  impounder 17,  2  300,  466 

for  moving  garbage 2  341 

for  permit  for  excavating  in  street 4  439 

of  inspector  of  licenses 3,  8  469,  471 

of  witnesses  in  trial  of  city  officer 17  534 

of  pawnbroker 7  548 

of  witnesses  and  interpreter— in  police  court 23  558 

paid  into  treasury,  when 32  560 

for  weighing 4,5,9  588,590,591 

for  carrying  passengers  in  vehicles 3  653 

allowed  job  wagons,  etc 4,  5  654 

FENCES— 

animals  not  to  be  hitched  to,  what 20  512 

barbed  wire,  prohibited 37  516 

injuring  or  defacing 18  5ll 

FIGHTING— 

cock  fight  in  dramshop,  penalty 16  306 

or  striking  another 2  507 

FILTH— SEE  GARBAGE— 

not  to  be  thrown,  where 7,  16  524,  527 

FINANCE  COMMITTEE— 

auditor  to  make  settlements  with 5  239 

must  deliver  canceled  indebtedness  to 7  240. 

how  disposed  of - 5  583 

FINANCIAL  AGENT  OR  BROKER— 

license  for 2  476 

FINES— SEE  PENALTIES— 

how  recovered  1  551 

to  be  paid  into  treasury 33  560 

FIRE  ALARM— 

boxes,  injuring  or  removing 16  5"^  1 

giving  false 5  508 

FIRE  ARMS- 

carrying  concealed  7  508 


INDEX  TO  GENERAL  ORDINANCES.  727 

FIRE   ARMS— Continued.  SEC.       PAGE 

not  to  be  discharged  without  a  permit 13  339 

sale  of  to  minors 9  509 

FIRE  DEPARTMENT— 

chief  of,  general  duties  of 10  325 

is   ex-officio   member   of   building    inspection   de- 
partment       3  262 

is  inspector  of  factories 1  321 

chief  and  assistant  engineers,  how  appointed 2  322 

composition  of  department 1  322 

discharge  of  officer  or  member,  cause  for 14  327 

extension  of,  to  be  approved  by  committee 1  322 

foremen,  appointment  and  removal  of 4  323 

duties  of 11  326 

leave  of  absence,  substitute  to  be  provided 8  324 

loiterers  not  allowed  around  fire  house 16  327 

members,  appointment  or  removal  of 4  323 

qualifications  of 5  323 

not  to  peddle  election  tickets 12  326 

to  wear  uniform  and  obey  orders 13  327 

to  report  nuisances  and  defective  sidewalks 20  328 

may  arrest  escaped  workhouse  prisoner 14  665 

pay  roll  to  be  made  out  by  chief 7  324 

property  of,  when  and  how  sold 19  328 

right  of  way  of,  not  to  be  obstructed 17  327 

rules  and  regulations,  how  made 6  323 

street  car  not  to  interfere  \vith  operations  of 4  573 

fire  limits,  of  the  first  class,  boundaries  of 1  329 

buildings  within,  to  be  constructed,  how 2  329 

of  the  second  class 3  330 

buildings  within,  to  be  constructed,  how 4  331 

raising  and  removal  of  wooden  buildings 5  331 

violation,  penalty  for 6  332 

building  to  be  removed 7  332 

lumber  yard  excluded 8  333 

fire  escapes,  what  buildings  to  be  provided  with 1  333 

construction  of  3  334 

hotels,  etc.,  to  provide  rope  or  ladder 5  335 

iron  balconies  and  stairs 6  335 

to  post  notice  in  rooms 7  336 

prevention  of  fires,  power  of  chief 1  336 

stove  or  furnace,  how  erected 2,  8  336,  338 

stove  pipes,  regulation  or 3  337 

combustibles,  ignition  in  streets 4  337 

lamps  and  candles 5  337 

combustible  substances,  stacking  of 6  337 

carrying  fire 7  337 


^28  IXDEX   TO   UEXEEAL   ORDINANCES. 

FIKE    DEPARTMENT— Continued.  SEC.  PAGE 

spark  arrester  in  blacksmith  shop 9  338 

shop  fires  to  be  extinguished 10  338 

shavings,  regulations  concerning 11  338 

nitro-glycerine  not  to  be  kept 12  338 

discharging  fire  arms,  etc 13  339 

storage  of  combustibles— phosphorus,  coal  oil,  etc.  ...  1  339 

coal  oil  may  be  stored,  where 2  340 

oil  must  be  confined,  when 3  340 

light  fluids  to  be  kept,  how 4  340 

night  watch  to  be  kept 5  340 

FIRE  HOSE— 

driving  over 2i  512 

FIRE  HYDRANTS— 

animals  not  to  be  hitched  to 20  512 

FIREWOOD— SEE  WOOD- 
FIRE  WORKS— 

discharging,  permit  required  for ly  339 

FISCAL  AFFAIRS— 

account  books,  etc.,  relating  to 1  237 

of  departments,  comptroller  shall  supervise 1  287 

FISH— 

peddler  of,  license  for 3  549 

FLAGMAN— 

to  be  stationed  at  railway  crossings,  when 10  568 

FLUES— 

construction  of 7  271 

defective,  to  be  repaired 4  280 

to  be  cleaned  5  280 

in  blacksmith  shop  to  have  spark  arrester 9  338 

FOOD— 

clerk  of  board  of  health  to  analyze 2  356 

to  enforce  ordinances  relating  to  adulteration  of 2  356 

FORFEITURE— 

of  contractor's  deposit 1  293 

of  dramshop  license  declared,  when 14  305 

of  bonds,  adjudged,  when 7  554 

of  lease  for  market  stall 7  486 

FORMS— 

of  contracts  to  be  approved  by  counselor 5  294 

of  oath  of  judges  and  clerks  of  election 3  309 

of  licenses  to  be  prescribed  by  comptroller 14  482 

of  merchants'  bond 6  497 

of  license 7  497 

of  certificate  on  ordinance  passed  over  veto 6  538 


INDEX   TO   GENERAL   ORDINANCES.  729 

FORMS— Continued.  SEC.  PAGE 

when  not  returned  in  five  days 7  538 

of  statement  in  police  court 1  552 

of  execution   19  556 

of  attachment  for  witness 24  558 

of   certificate  of  advertisement  of  unredeemed  real 

estate 2  585 

FORTUNE  TELLER— 

license  for 4  478 

FOUNDATIONS— 

to  be  of  masonry 2  270 

FOUNTAINS— 

street,  injuring  or  depositing  filth  in 18  511 

public  park,  injuring,  etc 7  541 

FOWLS— 

offensive  pens  for 21  529 

FRANCHISES— 

beneficiaries  to  pay  for  publishing  ordinances 9  538 

shall  furnish  copies,  when 11  539 

FRAUD— 

by  auctioneer  prohibited 2  236 

in  concealing  gunpowder 5  345 

false  instrument  of  weight  or  measure 5  470 

by  keeper  of  intelligence  office 3  473 

in  selling  skimmed  or  adulterated  milk 1  501 

in  giving  false  alarm  of  fire 5  508 

in  pretending  to  be  an  officer 41  517 

in  diminishing  weights 4  590 

in  transferring  vehicle  license 11  656 

in  selling  fire  wood 3  659 

FREIGHT— 

transportation  of,  over  street  railroads  prohibited ....  5  573 

FRUIT  PEELINGS— 

not  to  be  thrown  on  sidewalk ". . .  52  520 

FUNDS— 

auditor  shall  keep  account  of 1  238 

comptroller  to  report  condition  of 5  287 

treasurer  to  keep  separate  account  of  each 1  644 

FURNACES— SEE  BUILDINGS— 

to  be  on  platform 8  338 

GAMBLERS— 

declared  to  be  vagrants 1  648 

associates  of,  are  vagrants  1  649 

GAMBLING— 

keeping  device  for,  etc. .                      42  517 


730  LXDEX   TO   GENERAL   ORDINANCES. 

GAMING  DEVICE-  SEC  PAGE 

what,  not  allowed  in  dramshop 16  300 

GAMES— 

playing  of  in  streets 14  510 

in  public  parks 3  540 

GARBAGE— SEE   NUISANCES— 

charges  allowed  for  removal  of 2  341 

depositing  in  street,  penalty  for 5  343 

mover  of,  shall  register,  etc 1  341 

who  not  required  to  register 2  341 

must  have  suitable  cart 3  342 

occupants  must  provide  for  removal  of 4  342 

GAS  LAMPS— 

disturbing  or  destroying 16  511 

GASOLINE— 

storage  of  1  339 

GOATS— 

not  to  run  at  large 1  46G 

GONGS— SEE  BELLS— 

street  cars  to  be  fitted  with 10  574 

to  be  sounded  at  railroad  crossings 11  575 

GRADES    OF    STREETS— SEE    HIGHWAYS— 

how  established    1  409 

at  what  elevation  2  409 

GRADING— SEE  HIGHWAYS- 

petition  for,  engineer  to  certify  and  publish 6  321 

how  performed   1  429 

for  sidewalk 4  451 

GRAIN  DEALER— 

license  for 5  479 

GUARDIANS— 

shall  not  allow  child  on  street  at  night,  when 12  510 

GUARDS-    . 

red  light  to  guard  obstructions  in  street 20  276 

to  be  kept  at  oil  storage  house,  when 5  340 

to  be  placed  at  excavations 7,  2  440,  442 

removing  from  dangerous  place 35  516 

to  be  stationed  at  railway  crossing,  when 10-11  568 

at  workhouse  9  663 

GUNPOWDER— 

storage  of,  regulated 1  344 

sale  of— sign  at  door 2  344 

how  carried  in  streets,  must  be  secured 3  345 

in  vehicles 4  345 

concealing,  to  be  seized 5  345 


INDEX  TO   GENERAL   ORDINANCES.  731 

GUNPOWDER— Continued.                                                   SEC.  PAGE 

search  warrant  for  6  345 

officers  to  report  violations 7  346 

GUNS— 

not  to  be  discharged  without  permit 13  339 

sale  of  to  minors 9  509 

GUTTERS— SEE  HIGHWAYS— 

not  to  be  obstructed 1  264 

construction  of ,  3  430 

cross  gutters   6  432 

repair  of   7-9   458-459 

HACKS-SEE  VEHICLES- 

stand  for,  at  Union  Depot 3  543 

hackmen  restricted  at  passenger  depots 1  543 

HALLS,  PUBLIC— 

to  be  provided  with  fire  escapes 1  334 

HAND  BILLS— 

affixing  to  property  without  permission,  penalty. .  .6,  30  244,514 

distributing,  license  required  for 32  515 

for  certain  purposes,  no  license  required 1  243 

not  to  be  destroyed,  when 7  244 

not  to  be  thrown  on  streets 31  515 

HAWKERS— 

license  for    5  479 

HAY— 

stacking  of,  how  regulated 6  337 

to  be  weighed  before  sale 2  588 

not  to  be  weighed  by  private  persons,  except  when . .  8  591 
HAY  MARKET— 

location  of 17  489 

vehicles  at,  to  stand  as  directed 18  489 

HEAD-LIGHT— 

on  locomotive,  required  when 4  567 

HEALTH  DEPARTMENT— 

board  of  health,  appointment  and  composition  of ....  1  346 

to  appoint  assistant  health  officer  and  clerk 1  346 

headquarters  of  board  2  347 

sanitary  superintendent,  duties  of 3  347 

assistant,  term— duties— powers,  etc 4-6    347-348 

may  prohibit  use  of  defective  garbage  jcart ...  3  342 

to  inspect  dairies,  etc 6  503 

clerk  of,  duties  of —salary 7  348 

shall  keep  account  of  expenses  of  board 13  350 

shall  pay  moneys  over  to  treasurer 19  352 

meetings  of— quorum   8  348 


732  INDEX   TO   GENERAL   ORDINANCES. 

HEALTH  DEPARTMENT— Continued.                                  SEC.  PAGE 
sanitary     superintendent     and     assistant,     addi- 
tional duties  of 9  349 

shall  enter  premises  to  examine 10  349 

nuisance  shall  be  reported  to  clerk 11  350 

complaint  and  prosecution ; 12  350 

accounts  of,  to  be  approved  and  audited 14  350 

may   quarantine   and   order,   destruction   of   arti- 
cles  .15  350 

procedure    to    discontinue    business    detrimental 

to  public  health 16  351 

trial  and  judgment 17  351 

penalty   18  351 

shall  visit  hospital  and  workhouse 20  352 

ice  permits,  to  grant  1-6   462-463 

meat  shops  shall  be  under  control  of 3  494 

nuisances,  duties  as  to —   522-530 

health  officer,  appointment  of 1  353 

to  look  after  sanitary  condition 2  353 

to  superintend  city  hospital 3,  3  353,  357 

supervision  of  city  during  epidemic 4  353 

duty  in  case  of  small-pox 5  354 

shall  vaccinate  the  poor 6  354 

may  quarantine,  etc 7  354 

to  visit  hospital  and  workhouse 8  354 

shall  keep  record  of  deaths  at  hospital 9  354 

physicians  must  notify  of  contagious  disease ....   10  354 

to  attend  indigent  sick 12  355 

shall  give  death  certificate,  when 5  360 

scavenger  work,  may  prescribe  details  for  doing. .     6  593 

workhouse,  duty  at 11  664 

clerk  of  board  of  health,  qualifications  of 1  355 

to  report  annually  to  council 2  356 

shall  have  charge  of  records " 3  356 

shall  inspect  and  analyze  food,  etc 2  356 

may  inspect  on  his  own  motion 4  356 

city  chemist  held  to  mean  clerk,  etc 5  .     356 

shall  have  charge  of  city  dispensary 1  358 

to  examine  ice  and  issue  permits —   463-464 

garbage  movers  shall  register,  with 1  341 

milk  dealers  to  register 5  505 

city   hospital,    established 1  357 

for  the  care  of  indigent  poor  and  sick 2  357 

under  control  of  health  officer 3  357 

steward  and  matron,  appointment  of 4  357 

duties  of  steward 5-6    357-358 

duties  of  matron 7  358 


INDEX   TO   GENERAL   ORDINANCES.  733 

HEALTH    DEPARTMENT— Continued.  SEC.      PAGE 

city  dispensary,  established— how  conducted 1  358 

mortuary  records — burial  permits 1  359 

body  not  to  be  interred  without  permit 2  359 

sextons  to  make  reports 3  359 

to  keep  record 7  360 

death  certificate,  physicians  shall  make 4  350 

health  officer  shall  give,  when 5  360 

neglect  of  physicians  and  sextons 6  360 

vital  statistics — record  of  marriages,  etc 1  361 

births  shall  be  reported 2  361 

deaths  to  be  reported 3  361 

quarantine— general  regulations    1  362 

police  to  arrest  persons  disobeying 2  364 

obedience  of  orders  may  be  enforced 3  364 

regulation  may  be  enforced 4  365 

board  may  employ  what  agencies 5  365 

regulations  to  prevent  spread  of  disease 6  366 

funds,    how    applied 7  367 

of  house,  by  health  officer 7  354 

HIDES- 

storage  of  5  523 

HIGHWAYS— SEE  STREETS— 

naming  of  streets    1  368 

manner  of  describing  boundaries 2  368 

streets,  avenues  and  roads  designated  by  names, 

alphabetically  arranged    3-141    369-395 

streets     designated     by     numbers,     numerically 

arranged  142-168    396-407 

avenues,    designated    by    numbers,     numerically 

arranged  169-174    407-408 

grades  of  streets,  how  established 1  409 

at  what  elevation 2   409-428 

grading,  improvement  and  repair  of  streets —   429-435 

petitions  for  grading  and  paving,  to  be  certified 

and  published 6  321 

grading,  how  performed   1  429 

curbing,  shall  consist  of  what 2  429 

guttering,  to  be  done  in  what  manner 3  430 

improvements,  contract  for,  cost  assessed  how ...  4  431 

macadamizing,  to  be  done  in  what  manner 5  431 

cross  gutters,  specifications  for 6  432 

crosswalks,  specifications  for 8  433 

first-class,  contract  let  how 9  435 

repair  of  streets,  contract  for— costs 10  435 

excavating  in  streets,  regulations  governing 1  436 

permit  for,  applicant  must  file  bond.  .  2  437 
52 


734  FXDKX   TO   GENERAL   ORDINANCES. 

HIGHWAYS— Continued.  SEC       PAGE 

to  be  kept  on  the  work 3  438 

fees  for    4  439 

plat  or  plan  to  be  submitted,  when 3  438 

application  to  state,  what 5  439 

work  treated  as  defective,  when 5  439 

guards  and  red  lights  to  be  maintained 7  440 

sewer  work,  ordinance  governing  not  affected ...     8  441 

hitching  posts  and  shade  trees,  permits  for 9  441 

obstruction  of  streets,  sidewalks,  etc —   441-447 

tearing  up  or  otherwise  injuring 1  441 

excavations  to  be  guarded 2  442 

by  putting  building  in  street 3  442 

by  teams  and  vehicles    4  442 

posts,  what  may  be  erected 5  442 

awnings,  how  erected 6  443 

signs,  boxes  and  fixtures 7  443 

goods,  wares,  etc.,  on  sidewalks 8  ix4 

by  auction  sales,  etc 9  444 

cellar  door  or  window  in  sidewalk 10  445 

must  not  be  left  open 14  446 

snow,  ice,  mud,  etc.,  on  sidewalk 11  445 

vehicles  and  animals  on  crosswalks 12  445 

pipes  must  not  throw  water  on  sidewalk 13  446 

vaults  under  sidewalk,  construction  of 15  446 

constructing  without  permit,  penalty 16  447 

by  building  material    4  265 

red  light  to  be  maintained 20  276 

moving  building   in    3  277 

sidewalks,  classification  and  construction —   448-455 

width  specified  1  448 

classification 2  449 

permit  to  construct,  conditions  of 3  450 

to  be  laid  on  grade 4  451 

contract  to  be  advertised— how  let 5  452 

special  tax  bills  for 6  452 

flag  or  artificial  stone,   to   be  laid  in  what  dis- 
trict      7  452 

specifications  for 8-10   452-454 

how  laid 11  454 

plank  sidewalk,  construction  of,  prohibited 13  454 

shall  be  removed,  when 15  455 

may  be  relaid  with  brick,  when 16  4!>o 

repair  of  sidewalks  —   456-460 

term  "repairs"   defined 1,  6  456,  458 

duty  of  engineer 2  456 

notice  in  isolated  cases. .                                                 3  456 


INDEX   TO   GENERAL   ORDINANCES.  735 

HIGHWAYS— Continued.                                                             SEC  PAGE 

owner  or  agent  guilty  of  misdemeanor,  when.  ...     4  4o< 

contract  to  be  advertised,  etc 5  457 

to  be  made  by  day's  work 7  458 

general  repairs,  engineer  may  contract,  for 8  458 

costs;  how  taxed   9  459 

tax  bills,  collection  of 11-12  459-460 

HITCHING— 

animal  to  be  securely  fastened 24  513 

where  prohibited 18,  20  511,  512 

posts,  permit  required  for  erecting 9  441 

number  limited— how  constructed 5  443 

HOGS- 

not  to  be  at  large 1  446 

slaughtering  in  city  prohibited,  except 27  513 

pen  to  be  kept  clean 6  524 

declared   nuisances,    when 21  529 

HORSES— SEE  ANIMALS— 

not  to  be  hitched,  where 18,  20  511,  512 

driving  on  bridge  22  512 

fast  driving— leaving  unfastened 24  513 

veterinary  hospital  not  allowed 28  514 

exposing  stallion  43  518 

HORSE  OR  CATTLE  DEALER— 

license  for 5  479 

HOSPITAL— SEE  HEALTH  DEPARTMENT— 

city  hospital,  management  of —  357-358 

board  of  health  shall  visit 20  352 

duties  of  health  officer  at —  353-354 

private  veneral,  license  for 5  479 

veterinary,  not  to  be  operated  in  city 28  514 

HOTELS  AND  BOARDING  HOUSES— 

must  have  fire  escapes —  333-336 

license    for 1-2  460-4bo. 

impure  milk,  not  to  offer  guests  2  501 

runners  for,  not  to  solicit  in  depots 2  543 

license  for— provisions   governing 1-5  585-587 

HOUSE  AND  REAL  ESTATE  AGENT— 

license  for 2  477 

HOUSES— SEE  BUILDINGS— 

of  ill-fame,  provisions  concerning 46-49  518-519 

HUCKSTERS— 

license  for 1  461 

to  wear  badge 2  462 


736  TXDEX   TO   GENERAL   ORDINANCES. 

HYD  RANTS-  SEC.       PAGE 

advertisements  not  to  be  affixed  to 6  244 

animals  not  to  be  hitched  to 20  512 

ICE— 

permit,  not  to  be  cut  or  stored  without 1  462 

not  to  be  granted,  when 2  463 

may  be  revoked — samples  of  ice 3  4<  >:> 

to  be  kept  where 4  463 

not  to  cover  more  than  three  acres 5  464 

wagon,  license  for  1  653 

ICE-  CREAM  DEALER— 

license  for    5  479 

ICE  AND  SNOW— 

to  be  cleaned  off  sidewalks   11  445 

IDLE  PERSONS— 

deemed  vagrants,  when   1  648 

ILL-FAME- 

house  of,  dramshop  not  to  be  licensed  in 18  306 

provisions  concerning  46-49    518-519 

inmate  deemed  a  vagrant,  when 1  649 

IMMORAL  CONDUCT— SEE  MISDEMEANORS- 
IMPEDING  TRAVEL— SEE  OBSTRUCTIONS— 

press  of  teams  in  street 4  442 

collecting  crowd  on  sidewalk  or  street 9  444 

IMPOUNDER— SEE  DOGS— 

appointment  of— duties  1  4t>4 

bond  to  be  given 3,  2  255,  465 

to  provide  pound 3  465 

to  keep  a  record  4  465 

may  employ  assistants  5  465 

to  take  up  dogs   10  298 

fees  allowed  for    '. IT  300 

impounding  live  stock,  what  may  be  impounded ....  1  466 

duties  of  impounder— f ees 2  466 

shall  report  to  comptroller 5  467 

city  clerk  to  attend  sales 7  467 

IMPROVEMENTS— SEE  HIGHWAYS— 

contract  for,  how  let,  etc —   292-294 

INDEBTEDNESS— 

in  favor  of  city  to  be  deducted  from  warrants 3  239 

canceled,  to  be  turned  over  to  auditor 8  646 

auditor  shall  deliver  to  finance  committee 7  246 

disposition  of 5 

INDECENCY- 

in  swimming   39  517 


TXDKX   TO   GENERAL   ORDINANCES.  737 

INI>P:CENCY— Continued.                                                               SEC.  PAGE 

use  of  male  animals 43  518 

!•       by  exposure  of  person,  picture,  etc 44-45  518 

INFECTIOUS  DISEASES— SEE   HEALTH   DEPARTMENT— 
INFLAMABLE    SUBSTANCES— SEE    FIRE    DEPARTMENT- 
INJURY— SEE  ACCIDENTS— SEE  MISDEMEANORS— 

to  pavements,  crosswalks,  etc 1  441 

to  telegraph  wires,  etc 16  511 

to  buildings,  posts,  shade  trees,  etc 18  511 

to  bridges,  etc  19  512 

to  books,  etc.,  of  free  public  library 54  521 

to  property  in  public  parks 7  541 

to  tree,  by  animal,  owner  liable  for 4  648 

INMATE— 

or  boarder  in  bawdy  house 47  519 

deemed  a  vagrant,  when 1  649 

INSANE- 

mayor  may  provide  for  temporary  keeping  of 4  492 

INSPECTION— SEE  BOILERS  —  BUILDINGS  —  ELECTRICIAN- 
ICE— MILK— 

of  dairies,  assistant  health  officer  to  make fc.     6  503 

of  factories,  chief  of  fire  department  to  make 1  321 

of  food,  etc.,  to  be  made  by  clerk  of  board  of  health.  .     2  356 
of  sanitary  condition  of  premises,  health  officers  may 

make   10  349 

of  city,  to  be  made  by  health  officer  and  police, 

when 20  528 

INSPECTOR   OF  LICENSES,   WEIGHTS  AND   MEASURES— 

appointment  of— bond  of   1  468 

general  duties  of   2  468 

fees  and  compensation 3,  8  469,  471 

must  use  proper  standard  for  testing 6  470 

must  require  license  to  be  taken  out 7  471 

shall  keep  a  record  of  licenses 11  482 

INSURANCE— 

agent,  license  for  2  475 

broker,  license  for  3  477 

company,  license  for  1  471 

INTELLIGENCE  OFFICE— 

license  for 1  472 

application  for,  to  be  endorsed  by  whom 2  473 

penalty  for  fraud  or  deception 3  473 

INTERMENTS— 

permit  for,  must  be  procured 1  359 

sextons  to  make  report  of 3  359 


738  INDEX  TO   GENERAL   ORDINANCES. 

INTOXICATING  LIQUORS— SEE  DRAMSHOPS—  SEC.       PAGE 

term  defined    3          301 

not  to  be  sold  by  the  drink  under  merchant's  license.  15          500 

penalty  for  selling  to  minor 13          304 

sale  of,  in  theatres,  prohibited 19          306 

INTOXICATION- 

an  offense,  when .  . . . 6  .        508 

of  licensed  vehicle  driver,  penalty 7          654 

JUDGES— SEE  ELECTIONS— SEE  POLICE  JUDGE— 

of  election,  how  appointed   3          308 

JUDICIARY  COMMITTEE— 

composition  of— to  have  control  of  legal  matters 2          284 

JUNK— 

dealer,  license  for   2          474 

shop,  license  for  1          ^ ,  o 

record  of  purchases  to  be  kept 3          474 

JUSTICES  OF  THE  PEACE— 

to  canvass  election  returns    10          310 

practice  before,  governs  in  police  court,  when 30          560 

LABOR— 

eight  htmrs  constitute  a  day's  work 20          535 

workhouse  prisoners  required  to  work 8          663 

LAMPS  AND  LAMP  POSTS— 

upon  street  or  sidewalk 5          442 

disturbing,  etc.,  provisions  concerning 16-18          511 

animals  not  to  be  hitched  to 20          512 

trees  not  allowed  to  obstruct  public  lamps 3          647 

LAUNDRY  KEEPER— 

license  for 5          479 

LEASES— 

of  city  property,  comptroller  to  attend  to 4          287 

of  market  stalls,  etc  ' 4          486 

adjudged  forfeited,  when 7          486 

LECTURE— 

license  for    1          229 

LEAVE  OF  ABSENCE— 

of  firemen   8-9    324-325 

mayor  may  grant  to  officers 6          493 

officer  not  to  be  absent,  without 2          531 

LEGISLATION— 

composition  of  committee  on,  duties,  etc 4       284 

LEWD   CONDUCT— SEE   MISDEMEANORS- 
LIBRARY,  FREE  PUBLIC— 

injuring  books,  etc.,  of,  penalty 54          521 


INDEX  TO   GENERAL   ORDINANCES.  739 

LICENSES-  SEC.       PAGE 

inspector  to  require  license 7  471 

provisions  concerning   1-20  475-484 

"person"  defined 8  481 

term  of  license 9  481 

license  to  be  posted 10  481 

inspector  must  keep  a  record 11  482 

may  be  issued  to  two  or  more 17  483 

will  protect  employe,  when 18  483 

shall  specify  location— how  transferred 19  483 

penalty 20  483 

occupations,  denominated  sundry,  subject  to  tax.... 2-5  475-480 

amusements,  etc.,  sundry,  subject  to  tax 1-9  228-231 

abstractors   1  225 

auctioneers   1  236 

bakeries 1  240 

banks   1  241 

billiard  and  other  tables 1  241 

bill  posters 1  242 

boarding  houses   » . . , 2  461 

building  or  house  movers 1  276 

chattel  loaners 6  480 

distributing  hand  bills,  etc 32  515 

dramshops  1-22  301-307 

drugs,  itenerant  vendor  of 7  480 

engineers    3  247 

hotels 1  460 

hucksters 1  461 

insurance  companies 1  471 

intelligence  offices 1  472 

junk  shops 1  473 

junk  dealers   2  474 

livery  stables  1  484 

meat  shops  1  493 

meat  dealer,  wholesale 6  494 

merchants 1-16  495-500 

milk  dealer 3  502 

pawnbrokers  1-3  545 

peddlers   1-4  549-550 

pictures  or  photographs,  enlarging  of 1  550 

street  cars 12  575 

runners 1-5  585-587 

scales,  public  1  587 

scavengers    3  592 

storage  houses 1  641 

telegraph  and  express  companies. 1-3  643 

vehicles   .                                                                          1  652 


740  LXDEX   TO   GENERAL   ORDINANCES. 

LIGHT  PLANT— SEE  ELECTRIC  LIGHTS—  SEC  PAGE 

LIGHTS— 

in  stables  prohibited,  except 5  337 

to  be  maintained  at  building  obstruction 20  27(5 

at  excavations 7  449 

removing  from  dangerous  place,  penalty 35  516 

LIMITATIONS— 

of  prosecutions  under  ordinances 29  559 

LIMITS— SEE  BOUNDARIES- 
LIVERY  STABLES— 

license  for  1  484 

manure  from  not  to  be  deposited  in  street 7  524 

offensive  or  foul,  penalty  for  keeping 10  525 

LIVE  STOCK  COMMISSION  MERCHANT— 

license  for    4  478 

LOAN— 

agent,  license  for  2  476 

loaning  on  chattels,  license  for 6  480 

LOCOMOTIVES— SEE  RAILWAYS— 

jumping  upon  while  in  motion • f  . .  .  15  510 

speed  of,  regulated 1  566 

headlights  required   4  567 

bell  to  be  rung 6  567 

not  allowed  on  street  railway 5  573 

LOITERING— 

prohibited,  where  4  507 

around  engine  house,  forbidden 16  327 

LUMBER— 

must  not  be  put  in_street 5  567 

yard,  excluded  from  fire  limits 8  333 

MACADAMIZING— SEE  HIGHWAYS— 

to  be  contracted  for  by  engineer 4  431 

to  be  done  in  what  manner .' 5  431 

MAGNIFYING  GLASS— 

license  for 5  230 

MANUFACTURER'S  AGENT— 

license  for    2  476 

MAPS— 

of  ground  where  accident  happened 3  226 

in  condemnation  proceedings   1  290 

MARKETS— 

designation  and  location  of 1  485 

central  market,  plat  of  to  be  kept 2  485 

rental  to  be  fixed  by  public  building  committee.  . .  3  485 

stalls,  etc.,  when  offered  for  lease 4  48^ 


INDEX  TO   GENERAL   ORDINANCES.  741 

MARKETS— Cor  tinned.                                                                 SEC  PAGE 

spaces  limited  i» 5  486 

lease  forfeited  for  violation  of  rules 7  486 

hours  of 9  487 

unwholesome  meats,  sale  of  prohibited 10  487 

cleanliness  to  be  enforced 6  486 

dressing   animals— slops,    etc 11  487 

stalls  to  be  whitewashed,  etc 14  488 

articles  to  be  removed  from  stand,  when 15  488 

vehicles  not  to  remain,  except 15  488 

to  stand  how— price  for  each 16  488 

hay  market,  location  of 17  489 

vehicles  to  stand  as  directed— price 18  489 

penalty 19  4o9 

market  master,  appointment  of 1  490 

general  duties   2  490 

to  report  monthly 3  4s**. 

shall  weigh  articles,  when 4  491 

police,  powers  of 5  49i 

MARRIAGES— 

record  of,  to  be  kept  by  board  of  health 1  361 

MAYOR— 

installation  of   1  491 

general  power  of  supervision 2  492 

power  in  case  of  riot,  etc 3  492 

in  case  of  paupers,  insane  or  idiots 4  492 

vacancy  in  office  of— how  filled 22,  5  314,  493 

tie  in  election  of,  how  determined 20  313 

may  grant  leave  of  absence 6  493 

to  approve  bond  of  comptroller 2  254 

is  a  member  of  judiciary  committee 2  284 

to  make  proclamation  as  to  dogs,  when^ 7  297 

may  revoke  dramshop  license 22  307 

to  issue  notice  of  elections 2  308 

may  issue  permit  to  discharge  fire  arms,  etc 13  339 

may  employ  physician,  when 12  355 

permit    from,    required    for    certain    modes    of    ad- 
vertising    6,  29  244,  514 

MEASURES— SEE  WEIGHTS  AND  MEASURES— 

to  be  inspected,  sealed,  etc 2  468 

MEAT— 

unwholesome,  sale  of  prohibited 10  487 

shop  or  stand,  license  for 1  493 

to  be  kept  clean 2  494 

under  control  of  board  of  health 3  494 

wholesale  dealer,  license  for.  .                                              6  494 


INDEX   TO   GENEIIAL   ORDINANCES. 

MEAT-Coiitinned.  SEC> 

peddler,  license  for 4  550 

peddling  prohibited,  when 4  550 

MEDICINES— 

indigent  under  care  of  health  officer  supplied  with.  .  1  358 

samples  of,  not  to  be  distributed  on  streets,  etc 33  515 

MEETING— 

disturbing  religious,  or  other  assembly 3  507 

MENAGERIE— 

license   for    1  228 

MERCHANDISE— 

distributing  samples  of 32  515 

MERCHANT'S  LICENSE— 

merchant  defined   1  495 

annual  license  required 3  496 

statement  of  cash  value  of  goods  to  be  filed 4  496 

duty  of  assessor 5  496 

proceedings  to  obtain,  form  of  bond .  6  496 

form  of  license 7  497 

auditor  to  make  monthly  statement  of 8  498 

to  extend  taxes ._....  10  498 

assessor  to  deliver  list  to  council 9  498 

how  obtained  after  January 11  498 

after  first  of  August 13  500 

taxes  extended  and  collected 12  499 

good  after  dissolution  of  partnership. 14  500 

no  intoxicating  liquors  to  be  sold 15  500 

MERRY-GO-ROUND— 

license  for    6  230 

MILK— 

impure,  sale  of  prohibited   1  501 

hotel,  etc.,  not  to  offer  to  agents, 2  501 

dealer,   license  for— conditions '. 3-5    502-503 

inspection  of  cows,  stables,  etc 6  503 

adulterations,  manufacture  of  prohibited 7  504 

complaints,   to  whom  made 10  505 

attorney  to  report  result  of  prosecutions 12  505 

clerk  of  board  of  health  to  examine 2  356 

MINORS— 

not  permitted  to  play  billiards 2  241 

selling  liquor  to,  prohibited 13  304 

cartridges,  pistols,  etc 9  509 

cigarettes   10  509 

under  certain  age  not  allowed  on  street,  when 11  509 

duty  of  parent  or  guardian 12  510 


INDEX  TO   GENERAL   ORDINANCES.  743 

MINORS— Continued.  SEC>  PAGE 

police  may  arrest  and  detain 13  510 

pawnbroker  must  not  deal  with 6  547 

MINSTREL  PERFORMANCE— 

license  for  1  229 

MISDEMEANORS— SEE    SPECIFIC    TITLES— 

general  definition  of  term 1  521 

punishment  where  no  specific  penalty  provided 2  521 

advertisements,  etc.,  carrying  on  street  without  permit  29  514 

animals,  cruelty  to 26  513 

assembly  unlawful 1  507 

disturbing  religious  or  other 3  507 

barbed  wire  fence,  erection  or  maintenance  of 37  516 

bawdy  house,  keeping 46  518 

inmate  or  boarder  in 47  519 

frequenting    48  519 

cars,  jumping  or  climbing  upon 15  511 

cartridges,  pistols,  etc.,  selling  to  minors 9  509 

cigarettes,  selling  to  minors 10  509 

concealed  weapons,  carrying  of 7  508 

"curfew"  regulations 11-13    509-510 

distributing  samples  of  merchandise,  medicines,  etc.32-33  515 

disturbing  the  peace 2  507 

driving,    fast 24  513 

on  bridge  faster  than  walk 22  512 

on  sidewalk  23  512 

failure  to  keep  to  right 25  513 

drunkenness  in  public  place 6  508 

electric  light  poles,  cimbing  upon 17  511 

escaping    from    custody 40  517 

filth,  keeping  on  vacant  property 51  520 

filthy  act,  committing  in  building,  etc 18  511 

fire,  giving  false  alarm  of 5  508 

alarm,  breaking  or  disturbing 16  511 

hose,    driving   over 21  512 

fruit  or  vegetable  substance,  throwing  on  sidewalk. .  52  520 

gambling— keeping  device  for 42  517 

guard,  removing  from  dangerous  place 35  516 

hand  bills,  etc.,  throwing  in  streets 31  515 

posting  without  permit  30  514 

distributing  without  license 32  515 

hitching  to  awning  post,  hydrant,  shade  tree,  etc ...  20  512 

leaving  animal  unfastened  24  513 

indecency— dress,  exhibitions,  exposure  of  person.  ...  44  518 

exposing  male  animal 43  518 

bathing  naked  in  river,  etc 39  517 


744  INDEX   TO   GENERAL   ORDINANCES. 

MISDEMEANORS— Continued.                                                  SEC  PAGK 

injuring  building,  post,  shade  trees,  etc 18  511 

poles,  wires,  alarm  boxes,  etc 16  511 

sidewalk,  curbing,  etc 23  512 

books,  etc.,  of  free  public  library 54  521 

licentious  conduct,  by  lewd  women 45  518 

loitering  about  certain  places 4  507 

minors,  under  certain  age  on  streets  at  night,  when .  .  11  509 

parent  or  guardian  permitting  same 12  510 

not  to  be  placed  in  confinement,  except  when ....  13  510 

missiles  throwing  or  having  device  for 8  508 

officer,  falsely  personating 41  517 

pools,  filth,  etc.,  keeping  on  vacant  property 51  520 

profane  language,   disturbing  others  by 2  507 

rubbish,  throwing  or  leaving  on  streets,  etc 36  516 

sidewalks,  driving  upon,  tearing  up  or  injuring 23  512 

throwing  fruit  parings  on 52  520 

slaughtering  of  animals 27  513 

streets,  playing  in 14  510 

persons  under  age  on  at  night,  when 11  509 

Sunday,  keeping  business  house  open  on 38  517 

veterinary  hospital,  operating 28  514 

water,  drawing  from  public  cistern 34  515 

pipes,   etc.,  of  St.  Joseph  Water  Co.  interfering 

with   53  520 

weeds,  permitting  to  remain  on  lot 50  519 

MONEY— 

broker,  license  for '. 3  477 

loaner,  license  for 2  476 

chattels,  loaning  on,  license  for 6  480 

MONEYS— 

collections  of,  comptroller  to  supervise 4  287 

to  be  paid  into  city  treasury 1  582 

city,  officers  cannot  retain -. - 6  532 

deposited  with  officer  to  be  placed  where 21  535 

MORTUARY   RECORDS— SEE  HEALTH   DEPARTMENT- 
MUNICIPAL  BOUNDARIES— 

extended  and  defined   1  255 

MUSEUMS— 

license  for 1  229 

NAPTHA— 

storage  of  1  339 

NITRO-GLYCERINE— 

not  to  be  manufactured  or  kept 12  338 

NUISANCES— SEE  HEALTH  DEPARTMENT— 

general  provisions  defining,  and  prescribing  penalty.  1-23    522-530 


INDEX   TO   GENERAL   ORDINANCES. 

NUISANCES— Continued.  SEC.       PAGE 

certain  matters  declared  nuisances 21  528 

assistant  sanitary  superintendent  may  compel  abate- 
ment of 6  348 

abatement  of,  costs  taxed  how 22  529 

on  property  of  non-resident 13  526 

destruction  of  articles  dangerous  to  health 15  350 

of  business  detrimental  to  public  health 16  351 

dairies,  unclean,  etc   6  503 

dead  animals,  to  be  removed  4  523 

establishments,  foul  or  offensive 10  525 

fire  department  members  shall  report  nuisances 20  328 

garbage  to  be  removed— penalty 4  342 

grounds,  offensive   11  525 

hides,  green  or  salted,  storage  of 5  523 

offal,  rubbish,  filth,  slops,  etc 7  524 

not  permitted  on  lots 51  520 

to  be  removed 8  524 

removal  of,  license  15  526 

throwing  in  street,  etc 16  527 

to  be  removed,  how 18  527 

pens,  offensive,  for  cattle  and  hogs 6  524 

police  to  examine  city,  when 20  528 

ponds  and  pools  not  allowed  on  vacant  lots 51  520 

privies,  penalty  for  neglect  to  provide 1  522 

location  and  manner  of  building 2  52- 

time  and  manner  of  emptying  3  523 

by  scavenger,  provisions  governing 1-12    592-595 

rendering,  etc.,  offensive  smells  from 9  525 

sewers,  permitting  to  become  foul,  etc 12  525 

refuse  matter  not  to  be  thrown  into 14  526 

rubbish  not  to  be  thrown  into 18  604 

NUMBERING— 

of  buildings 1  277 

OATH— 

of  judges  and  clerks  of  election 3,  5  309 

of  city  engineer  1  3io 

of  deputies,  same  as  principal   18  534 

secretary  of  police  court  may  administer 3  561 

OBSCENE— 

books,  etc.,  selling  or  exhibiting  44  518 

language— to  provoke  breach  of  peace  2  507 

OBSTRUCTIONS-SEE  HIGHWAYS— 

of    streets    and    sidewalks,    general    provisions    con- 
cerning       1  441 

to  be  marked  by  red  light 20  276 


INDEX  TO   GENERAL   ORDINANCES. 

OBSTRUCTIONS— Continued.                                                    SEC  PAGE 

by  material,  etc  4  265 

by  house  mover 3  277 

by  excavations   1  436 

by  leaving  rubbish,  material,  etc.,  on 36  516 

by  railway  engines,  cars,  etc  2-3  566 

engineer  to  prevent  and  remove 2  319 

street  commissioner  to  remove 2  642 

of  street  cars —    572-573 

of  fire  apparatus   17  327 

sewers,  throwing  rubbish  in,  etc   18-19    604-605 

trees  must  not  obstruct  lamps 3  647 

OFFAL— SEE  NUISANCES— 

how  disposed  of  from  houses 4  342 

OFFICER— 

falsely  representing  an   41       517 

OFFICERS— SEE  REPORTS  AND  ACCOUNTS— 

bond,  not  to  be  accepted  on 1  531 

bonds  of  various 1  254 

absent,  not  to  be,  without  leave 2  531 

books,  etc.,  to  be  delivered  to  successor 3  531 

may  be  inspected 4  532 

city  election,  cannot  serve  as  judge  or  clerk  of 5  309 

city  money,  cannot  retain  for  salary 6  532 

city  warrants,  must  not  deal  in 5  532 

day's  work,  eight  hours  declared  to  be 20  535 

defaulting,   duty  of  comptroller .     2  287 

deposits  with,  to  be  placed  in  depository 21  535 

deputies,  may  appoint 18  534 

employe  of  must  be  a  citizen 19  534 

moneys  to  be  paid  over  to  treasurer  monthly 1  582 

term,  two  years  unless  otherwise  provided 7  532 

suspended  officer  to  be  investigated 8  532 

procedure 9-17  533-534 

OILS  AND  FLUIDS— 

storage  of,  provisions  concerning 1-6  339-340 

nitre-glycerine  not  to  be  kept 12  338 

OMNIBUSES— SEE  VEHICLES— 

license  for 1  652 

driver  of,  not  to  solicit  in  passenger  depots 1  543 

stand  for,  at  Union  Depot 3  543 

OPERA  HOUSES— SEE  AMUSEMENTS— 

license  for 1  229 

may  be  paid  in  installments 9  231 

forfeited,  when 10  231 


INDEX   TO   GENERAL   ORDINANCES.  747 

OPERA  TICKET  DEALER-                                                      SEC.  PAGE 

license  for   5  479 

ORDINANCES— 

to  be  recorded  and  published   1  536 

repeal  or  modification 2  536 

when  same  act  violates,  two 3  536 

general  construction  of 4  537 

damages  may  be  recovered  under 5  537 

veto,  passing  over   6  537 

failure  of  mayor  to  return,  effect  of 7  538 

to  be  numbered  and  classed 8  538 

publication  of,  deposit  required  for  what 9  538 

franchise,  copies  to  be  filed  with  clerk 11  539 

penalty,  when  no  other  is  provided 3  521 

bound  copies,  clerk  is  custodian  of 6  282 

to  be  delivered  to  what  officers 7  283 

clerk  may  seil  copies 8  283 

committee  on,   duties  of 3  284 

report  on,  may  be  deferred 5  286 

ORDINARY— 

defined,  license  for 5  479 

PARENTS— 

not  to  allow  children  on  streets,  when 12  510 

PARKS— 

description  of 1  539 

Krug  park,  acceptance  of  deed 2  540 

dogs  not  allowed  at  large  in 10  541 

playing  in,  prohibited 3  540 

injuring  property  in,  penalty 7  541 

throwing  litter  on  grounds 8  541 

police  to  arrest  violators 6  541 

general  ordinances  to  govern 9  541 

commissioners,  appointment  of 1  542 

authority  of ( 2  542 

•    receive  no  compensation 3  543 

PASSENGER  DEPOTS— 

expressmen,  hackmen,  etc.,  not  to  solicit  patronage  in.  1  543 

hotel  runners,  not  to  solicit  in 2  543 

carriages,     baggage     wagons,     etc.,     at,     provisions 

governing   3  543 

PAUPERS— 

mayor  may  aid,,  etc 4  492 

PAVEMENT- 

not  to  be  taken  up  without  permit 1  436 

penalty  for  injuring 1  441 


74: 8  INDEX  TO   GENERAL   ORDINANCES. 

PAVING-SEE  HIGHWAYS-                                                    SEC.  PAGE 

petitions  for,  to  be  certified  and  published 6  321 

how  done 4-5  431 

PAWNBROKERS— 

defined  2  545 

license  for 1  545 

application  for,   how   made 3  545 

to  keep  register  and  report  daily 4  545 

register  to  be  open  to  inspection 5  547 

not  deal  with  minor  nor  receive  pawns,  when 6  547 

fees  allowed 7  548 

time  of  redemption   8  548 

PEDDLERS— 

defined  1  549 

license  required 2  549 

amounts  charged  therefore 3  549 

of  fresh  meats — prohibited  from  peddling,  when ....     4  550 

PENALTIES— 

for    misdemeanor    or   where    no    special   penalty    is 

prescribed 2  521 

where  none  is  fixed  3  521 

PETROLEUM  AND  COAL  OIL— 

storage  of 1-6    339-340 

PHONOGRAPHS— 

license  for  selling  or  renting 7  230 

PHOTOGRAPHER— 

license  for 5  479 

PHOTOGRAPHS  AND  PICTURES- 

enlarging,  license  for 1  550 

PHYSICIANS— SEE  HEALTH  DEPARTMENT— 

mayor  may  employ  physician  in  urgent  cases 12  355 

to  report  contagious  diseases 10  354 

to  make  death  certificates 4  359 

to  report  births  and  deaths 2-3  361 

PICKPOCKETS— SEE  VAGRANTS— 

associates  of,  deemed  vagrants 1  649 

PIGEON  DROPPING— 

defined  2  650 

PIPES— 

must  not  discharge  water  on  sidewalk 13  446 

of  St.  Joseph  Water  Co.,  not  to  be  interfered  with ...  53  520 

POLES  AND  POSTS— 

permit  required  for  setting 1  436 

what  may  be  erected 5  442 

climbing  on,  injuring  or  disturbing 16-18  511 


INDEX   TO   GENERAL   ORDINANCES.  749 

POLICE-  SEC.  PAGE 

chief  of,  to  attend  council  meetings 2  285 

to  provide  officers  at  polling  places 17  312 

is  ex-ofticio  member  of  board  of  health 1  346 

to  arrest  violators  of  park  ordinance 6  541 

shall  detail  police  to  examine  sanitary  condition, 

when   20  528 

to  keep  record  of  witnesses,  etc 32  560 

to  keep  record  of  commitments  to  workhouse. ...  5  662 

officers  may  direct  movement  of  teams,  when 4.  442 

force,  mayor  may  direct  action  of,  when 3  492 

judge,  to  report  to  comptroller 2  583 

POLICE  COURT— 

actions,   manner  of  bringing 1  551 

complaint,  form  of 1  5514 

amendments  permitted   12  555 

affidavits  to  be  made  by  city  attorney 17  556 

appeals,  when  city  may  take 18  556 

bail,  by  whom  to  be  taken 6  553 

prisoner  to  be  committed  in  default  of 9  554 

bond,   forfeiture  of 7  554 

may  be  set  aside 8  554 

continuances,  when  granted 14  555 

costs,    judgement    rendered    against    informant    for, 

when   15  555 

defaults,  procedure  on 10  554 

judgement  may  be  set  aside 11  554 

depositions,  may  be  read,  when 22  557 

executions,  when  issued— form  of 19  556 

how  enforced   20  557 

motions  disposed  of,  when 13  555 

notices  to  be  served  on  city  attorney 16  556 

officers  to  inform  city  attorney  of  violations 2  552 

practice  before  justice  of  peace  applicable 30  560 

prosecutions,   limitation  of 29  559 

summons  or  warrant,  when  to  be  issued 3  552 

trials,  hearing  to  be  summary 5  553 

suits  to  be  tried  on  statements  by  city  attorney.  .  4  553 

judge  may  appoint  attorney,  when 31  560 

witness,  officers  to  attend  as 21  557 

fees,  who  entitled  to 23  558 

attachment  for 24  558 

may  give  bond 25  558 

committed,  when  26  559 

delinquent  may  be  fined 27  559 

may  be  recognized 28  559 

53 


750  IXDKX   TO  GENERAL   ORDINANCES. 

POLICE  COTTKT—  Continued.  SEr<       PuiK 

chief  of  police  to  keep  record  of 32  560 

secretary  of,  how  appointed 1  561 

general  duties  of 2  5<;i 

may  administer  oaths 3  561 

to  examine  cost  bills   4  562 

contempt,  what  constitutes 1  562 

how  punished   2  '>(*> 

when  committed  in  view  of  judge 3  563 

particulars  to  be  stated 4  5(5:  i 

POLLING  PLACES— SEE  ELECTIONS— 

location  of 1  258 

POOL  TABLES— 

license  for 1 

permitting  minor  to  play  on 2  241 

POSTERS— SEE  BILL  POSTING— 

not  to  be  affixed  to  walls,  etc.,  without  permission.  .  30  514 

nor  on  public  property  without  consent  of  mayor.  (5  244 

not  to  be  destroyed,  when 7  244 

POSTS— 

what,  may  be  erected  in  street 5  442 

POUND— SEE  IMPOUNDER— 

PRECINCTS— 

boundaries  of 1  238 

PRINTING.  CITY— 

proposals  for,  comptroller  to  advertise 1  564 

contract  let  to  lowest  bidder 2  564 

bond  to  be  given  by  contractor 3  564 

papers  to  be  furnished  city  officers 5  565 

job  printing  let  to  lowest  bidder 4  565 

PRISONERS— SEE  WORKHOUSE— 

required  to  labor 8  663 

credit  for   19  GOG 

PRIVIES— 

penalty  for  neglect  to  provide 1  552 

how  constructed 2  552 

time  for  emptying 3  523 

cleaning  of,  by  scavenger 1-12    592-595 

PROCURERS— 

or  pimps  are  vagrants 1  649 

PROPERTY— 

assessment  of 2-4 

of  city,  comptroller  to  attend  to  sale  of,  etc . 4  287 

condemnation  of  private,  for  public  use 1-6    290-291 

injuring  public  or  private 18  511 


L\I)EX     TO     (.rKNEKAL     OjiDI  .  \AXCKS.  75l 


PROPOSALS—  SEE  CONTRACTS—  SEr>       PA(.K 

for  office  supplies  ..................................   10  289 

for  public  improvements  ...........................     1  292 

for  city  printing  .....................  .  ......  .  .....     1  564 

for  job  printing    ...................................     4  "»»;."> 

PROSTITUTES— 

lewd  conduct  of  ...................................  45  518 

being  inmate  of  bawdy  house  ......................  47  519 

deemed  vagrants,  when  ............................     1  649 

not  to  be  employed  in  dramshop  ....................   17  306 

PROSECUTIONS— 

of  suspended  city  officer  ..........................  8-17    532-534 

in  police  court  ....................................  1-33    551-560 

for  violation  of  chap.  XLIX,  city  attorney  to  report.  .   12  505 
PROVISIONS— 

unwholesome  or  tainted,  sale  of  prohibited  ..........   10  487 

PUBLICATION— 

proposals  for  public  work,  advertisement  for  ........     1  292 

crossings,  construction  of  .......................     9  435 

sidewalks,  construction  of  ......................     5  452 

sidewalks,  repair  of  ............................  5,  8  457,  458 

sewers,  construction  of  .........................     1  597 

printing  council  proceeding,  etc  .................     1  564 

grading  and  paving,  of  petition  for  ................     6  321 

election,  notice  of  ................................  2,  23    308,  314 

impounder's  sale,   notice  of  ........................     2  466 

ordinances,  proof  of  .....  .  .........................     1  536 

cost  of  publication  paid  by  beneficiary,  when  ....     9  538 

unredeemed  property,  form  of  certificate  ...........     2  584 

PUBLIC  BUIDINGS— 

committee,  appointment  of  .........................     1  284 

to  fix  rental  of  market  stalls,  etc  ...............     3  485 

PUBLIC  ENTERTAINMENTS— 

license  for    .......................................     1  228 

PUBLIC  IMPROVEMENTS-  SEE  HIGHWAYS— 

committee  on,  apponitment  of  ......................     1  284 

engineer   to    superintend  ...........................     2  319 

PUBLIC  LIBRARY— 

injuring  books  or  other  property  of  .................  54  521 

PUBLIC  SCALES—  SEE  SCALES— 

provisions  concerning  .....................  •  ........  —    587-591 

QUALIFICATIONS— 

of  city  employe  .......................                     .19  534 


752  INDEX   TO   GENERAL   ORDINANCES. 

QUARANTINE— SEE  HEALTH  DEPARTMENT—           SEC.  PAGE 

general  regulations  for 1-8    362-367 

RAILWAYS,  STEAM— 

speed,  rate  of 1  556 

street  crossings,  cars  not  to  remain  on 2  566 

street,  obstruction  of  not  allowed 3  566 

lumber,  etc.,  not  to  be  deposited  in 5  567 

engines  and  cars,  climbing  on  or  off 15  510 

light  to  be  kept  on  car  or  engine 4  567 

bell  must  be  rung 6  567 

sign  board  at  entrance  to  city 7  567 

ordinance,  engineer  and  conductor  to  be  furnished 

with  copy  of 8  567 

watchman  to  be  stationed  at  crossing,  when 10  568 

drop  bars  to  be  placed  at  crossing,  when 11  568 

may  be  maintained  jointly 12  569 

whistles,  sounding  of  regulated 14  570 

passenger  depots,  provisions  concerning 1-3  543 

RAILWAYS,  STREET— 

tracks  to  be  kept  in  proper  condition 2  571 

not  to  be  laid  in  street  without  permission 6  573 

to  be  removed  and  street  restored,  when 4  567 

removal  of,  for  street  improvement 1  577 

replaced,   when    2  578 

how  reconstructed 3  579 

notices  served,  how 4  580 

rights  of  city   5  581 

rules  and  regulations  for  operation  of 3  571 

fire  department,  not  to  interfere  with 4  573 

cannot  use  steam  nor  haul  freight . 5  573 

fare  cannot  be  increased 5  573 

fenders  required  on  cars 8  574 

speed  limits 9  574 

gongs  required  on  cars,  to  be  sounded 10  574 

railroad  crossings,  cars  to  stop  at 11  575 

license  required  for  each  car 12  575 

plank  crossings  to  be  constructed,  when 1  58i 

notice  to  construct,  how  served 2  582 

cars,  climbing  on  or  off  while  in  motion 15  510 

REAL  ESTATE  AGENTS  AND  BROKERS— 

license  for 2  477 

RECONSIDERATION— 

of  vote  by  common  council 6 

of  vetoed  ordinance 6  537 


INDEX  TO   GENERAL  ORDINANCES.  753 

RECORDS— SEE  BOOKS—                                                            SEC  PAGE 

chief  of  police  to  keep  of  prisoners  committed 5  662 

health  department  to  keep  of  proceedings 7  348 

inspector  of  licenses  shall  keep 11  482 

junk  dealer  must  keep 3  474 

mortury  records  to  be  kept —  359 

officers  shall  deliver  to  successor 3  531 

officers  books  may  be  inspected 4  532 

pawnbroker  to   keep 4  545 

may  be  inspected 5  547 

police  court,  secretary  to  have  custody  of 2  561 

second  hand  dealers  to  keep 1  r><)d 

vehicles,  licensed,  auditor  to  keep 2  653 

RED  LIGHTS— 

at  obstruction  by  building  material,  etc 20  276 

at  excavations  in  streets 7  440 

removing  from  dangerous  place 35  516 

RENTS— 

comptroller  shall  attend  to  collection  of 4  287 

market  stalls,  rental  to  be  fixed,  when 3  485 

REPAIRS— 

bill  boards  to  be  kept  in  repair 4  243 

building  inspector  to  require  repairs 9  244 

of  buildings  subject  to  ordinance  regulating 3  265 

of  defective  flues,  building  inspector  to  require ....     4  280 

of  streets,  sewers,  sidewalks,  etc.,  duties  of  engineer.     2  318 

costs,   how  assessed 10  435 

may  be  made  by  day's  work  or  contract. 4  320 

pay  roll  and  claims  for  material 5  320 

of  sidewalks,  provisions  regulating 1-12   456-460 

of  sewers,  gas  or  water  pipes,  no  charges  for  permit.     4  439 
REPEAL— 

of  ordinances,  effect  of 2  53(5 

REPORTS  AND  ACCOUNTS— SEE  VARIOUS  OFFICERS— 

accounts  of  street  lighting  department,  how  classified     7  584 

inventory  of  supplies  and  unpaid  bills 8  584 

canceled  indebtedness,  disposition  of 5  583 

money,  to  be  paid  over  monthly  by  officers 1  582 

reports,   failure  to  make,   penalty 6  583 

of  Judge  of  Police  Court 2  583 

of  superintendent  of  workhouse 3,  7  583,  (5(52 

other  officers  to  report,  when 4  583 

REPUTATION— 

evidence  of.  admissible  in  trial  of  vagrant 4  650 

of  bawdy  house 49  519 


754  INDEX   TO   (  JK .YKUAL   ORDINANCES. 

RESTAURANTS-                                                                                SEC.  PAGE 

license  for 5  479 

not  to  offer  guests  impure  milk 2  501 

RESOLUTION— 

of  common  council  to  be  signed  by  clerk 1  281 

REVENUE— SEE  ASSESSOR-SEE  LICENSES— 

compensation  for  collecting  delinquent  taxes 1  584 

form  of  certificate  of  advertisement  of  property....  2  584 

RIDING— SEE   DRIVING— SEE   VEHICLES— 

in   streets,   etc.,   provisions   concerning 21-2.")    512-513 

RIGHT  OF  WAY— 

fire  apparatus  has,  on  streets IT  .",27 

of  street  cars 4  573 

for  constructing  street  railway  track ('»  573 

RIOT— 

powers  of  mayor  in  cases  of 3  4!>2 

RUBBISH— 

leaving  on  street  or  sidewalk,  penalty 3<;  5i., 

not  allowed  on  vacant  lots,  when r>l  520 

how  disposed  of 7,  18  524.  527 

not  to  be  thrown  in  sewer 18  004 

RULES  AND  REGULATIONS— 

committee  on  rules,  appointment  of 1  284 

for  fire  department,   how  made 0  323 

for  quarantine.  Board  of  Health  may  make 4  365 

for  running  street  cars 3  571 

for  workhouse,  how  made 12  664 

RUNNERS— 

defined,   license  required '. 1  585 

license  to  state  what;   how  transferred 2  58<; 

shall  wrear  badge 3  586 

must  not  disturb  others 4  58(5 

bond  required 5  587 

restricted  at  passenger  depots 2  543 

SALARIES- 

of  boiler  inspector  and  board  of  engineers 10  251 

city  electrician 1  315 

assistant  sanitary  superintendent 4  347 

clerk  of  board  of  health 7  348 

city's  money  cannot  be  retained  for 6  532 

SALE   STABLES— 

license   for •">  470 

SALES— 

by  auction  to  be  by  auctioneer 1 

of  property  for  taxes,  comptroller  to  attend,  etc....  8 


INDEX   TO   GEXEKAL   OKDIXAXCES.  755 

SALES— Continued.                                                                        SEC  pAGE 

of  goods,  streets  not  to  be  obstructed  by 9  444 

of  impounded  animals 2  460 

SANITARY— SEE  HEALTH  DEPARTMENT— 

regulations,   assistant   sanitary   superintendent   shall 

enforce    5  347 

condition  of  city,  health  officer  has  supervision  over.     2  353 
SCALES  AND  WEIGHERS— 

public  scales,  license  for 1  587 

articles  must  be  weighed  before  sale 2  588 

weigher  to  give  ticket 3  588 

fees  for  weighing 4,  9  588,  591 

not  to  be  designated  as  city  scales 5  588 

inspection  of 2  468 

fees  for 3  469 

false  scales,  penalty  for  using 5  470 

city  weighmaster,  appointment  of 1  589 

duty  of 1  589 

manner  of  weighing  loads 3  589 

changing  certificate  of  or  diminishing  weights.  .     4  590 

fees  for  weighing 5,  9  590,  591 

to  pay  over  receipts  monthly 6  590 

shall  report  monthly 7  591 

no  yard  fee  charged,  when 18  489 

private  persons  prohibited  from   weighing 8  591 

market  master  to  keep  scales,  etc 4  491 

SCAVENGERS— 

scavenger  defined 2  592 

license  and  bond  of 3  592 

equipment  for  work    8  594 

privy  and  cesspool,  how  cleaned 4  593 

under  direction  of  health  officer 1.  6  592,  593 

air-tight  tank  to  be  used 5  593 

owner  of  privy  to  have  permit,  when 9  594 

health  officer  to  notify  OAvner  to  clean 10  59-^ 

time  for  emptying  privy  vaults 3  503 

reports  required  of,  to  health  officer 11  595 

SEAL— 

of  city  of  St.  Joseph,  description  of 1  596 

SEARCH    V\' ARRANT— 

may  issue  for  concealed  .mm powder 6  345 

SECOND  HAND  DEALERS— 

license  for 5  479 

to   keep   a   register  of   goods   purchased 1  569 


INDEX   TO   GENERAL   ORDINANCES. 

SETTLEMENTS,  OFFICIAL—  SEC 

auditor  to  make  with  finance  committee  monthly.  ...  r>  239 

treasurer  to  make  with  auditor  inontnly 1  (545 

SEWERS— SEE  HIGHWAYS— 

main  and  lateral,  how  constructed 1  r>07 

engineer  to  advertise  and  let  contract 1  597 

statement  of  award  to  include  information.  .  6  L)(.>4 

connections  with,   how   made 2  .11)7 

to  be  by  permission 3  598 

must  conform  with  engineer's  orders 4  598 

penalty  for  working  around,  without  permit r>  599 

litter,  rubbish,  etc.  not  to  be  thrown  into 18  004 

refuse  matter  not  to  be  thrown  into 14  520 

offensive  or  foul  sewers,  drains,  etc.,  not  allowed.  ...  12  525 

obstructions,  or  discharges  into,  forbidden,  when ....  19  605 

persons  violating  to  be  notified 20  <;05 

condition  of  building  permit 21  605 

private  sewers  or  drains,  how  constructed < »  599 

permit  from  engineer  required 7  5911 

applicant  for,  to  give  bond 8  600 

fees  for 4  439 

notice  to  engineer  before  beginning  work 9  601 

materials  and  connections  to  be  approved 10  601 

city  may  connect  with,  etc 11  602 

how  connected  with  buildings 13  602 

plan  of,  to  be  deposited  with  engineer 14  603 

engineer  may  inspect 15  603 

owners  considered  as  petitioners  when 17  604 

tax  bills  for  district  sewers,   how   issued 22  606 

sewer  districts,  boundaries  of 23-82    607-640 

condemnation  of  private  property  for 1  290 

repair  of,  duties  of  engineer. 2,  4  318,  320 

SEWING  MACHINE— 

agent  or  dealer,  license  for 2  476 

solicitor;  license  for 2  476 

SEXTONS— SEE  HEALTH  DEPARTMENT— 

duties  of 359-360 

SHAVINGS— 

burning  in  street 4  337 

to  be  removed  from  shops,  etc 11  338 

SHEDS— 

or   wooden   buildings,    how    constructed 10  272 

SHOOTING  GALLERY— 

license  for.  . 3  229 

SHOWS— SEE  AMUSEMENTS— 

license  for. .  1  228 


INDEX  TO   GENERAL   ORDINANCES.  757 

SIDEWALKS— SEE  HIGHWAYS—                                           SEC.  PAGE 

classification  and   construction  of 1-16    448-455 

excavations  in   1  436 

obstructions  and  injury  to ..  .  1-16    441-447 

repair  of    1-12     456-460 

occupation  of,  for  building  purposes,  when  permitted    4  265 

passage  way  to  be  kept  open 20  276 

playing,  riding  or  coasting  on 14  510 

driving  on 23  512 

leaving  rubbish  on 36  516 

throwing  fruit  parings  on 52  520 

posters,'  etc.,  not  to  \>e  affixed  to 6  244 

shade  trees,  where  to  be  planted  in 1  647 

SIGNAL  LIGHTS— 

to  be  placed  at  obstructions  in  streets 20  276 

to  be  maintained  at  excavations 7  440 

removing  from  dangerous  place 35  516 

locomotives  and  cars  to  have 4  567 

street  cars  to  be  provided  with 3  573 

SIGNS  AND  SIGN  POSTS— 

sign  posts  not  allowed  on  sidewalks,  etc 5  442 

sign  board  to  be  erected  on  railroad  when 7  567 

signs  on  street  or  sidewalk,  how  erected 7  443 

injuring  or  defacing 18  511 

not  to   be  carried   without  permit 29  514 

SLAUGHTER  HOUSES— 

slaughtering  forbidden,   except   in 27  513 

nuisances,  when 21  529 

foul  or  offiensive,  penalty 10  525 

sewer  connections,  through  catch  basins  required...   19  605 

SLOPS-SEE  GARBAGE— 

not  to  be  thrown  in  street,  etc 7  524 

SMALLPOX— 

physicians  must  notify  health  officer  of 10  354 

duty  of  health  officer 5  354 

SNOW— 

sidewalks  to  be  kept  free  from 11  445 

SPECIAL  TAX  BILLS— 

clerk  to  issue,  wiien,  in  street  opening  cases 2  290 

delivered  to  treasurer 3  291 

collection  of 4-5  291 

counselor  to  collect 1  295 

engineer  to  keep  record  of  all 2  319 

in  cases  of  abatement  of  nuisances,  issued  when...   22  529 

unsafe  buildings 5  268 


758  INDEX   TO   GENERAL   OKDI.XAXCKS. 

SPECIAL  TAX  BILLS-Contiuued.                                         SK(,  PAGE 

for  sewers,  to  have  cost,  etc..  written  on 6  450 

for  repairing 9  4>-)(> 

SPRINKLING;  STREET— 

to  be  under  supervision  of  street  commissioner 2  (i42 

license   for   sprinkling   wagons 1  <;52 

STABLES— SEE  LIVEKY  STABLES— 

lights  in  prohibited,  except 5  337 

depositing  manure,  etc.,  in  streets 24  .12!) 

STANDING  COMMITTEES— 

appointment  of \  284 

STANDS— 

in  market,  letting  of 4  486 

for  hay  wagons,  etc 18  48T) 

for  vehicles  at  union  depot,  regulations  governing..  .     3  .143 

for  express   and  job    \vagous.  . .  .• 1  <;5<; 

STATIONERY— 

for  city  officers,   comptroller  to  furnish 10  289 

blank  books,  etc.,  to  be  let  to  lowest  bidder 4  563 

STEAM  BOILERS— SEE  BOILERS- 
STEAM  RAILROADS— SEE  RAILWAYS- 
STEWARD  AND  MATRON— SEE  HEALTH  DEPARTMENT— 

of  city  hospital,  appointment  of 4  3.17 

STOCK— 

not  to  run  at  large ; i  466 

live  stock  commission  merchant,  license  for 4  4T.S 

STORAGE  HOUSES— 

license  for v 1  (j4i 

STOVES— 

how  set  up,  where  near  woodwork  of  Avail 2  33G 

pipes  for,  regulation  of 3  337 

to  be  on  platform 8  338 

STRAW— 

not  to  be  stacked  where 6  337 

throwing  of  into  drains  or  sewers  forbidden 18  604 

STREET  COMMISSIONER— 

appointment  of  1  641 

general  duties  of 2  642 

may  employ  laborers  and  teams 3  642 

shall  keep  a  record  and  report 4  642 

location  of  bill  boards  to  be  registered  with 3  24;; 

may  require  railroad  to  station  watchmen  at  crossing  10  568 

to  cause  trees  obstructing  lamps  to  be  trimmed....     3  647 

may  direct  movement  of  teams  obstructing  street.  .     4  442 


I.XDKX     TO     ("iKXKRAL     QlJDIXANCKS.  759 

STREET  LIGHTING— SEE  ELECTRIC  LIGHT—  SKC.        PAGE 

committee,    appointment   of 5 

department,  accounts  to  be  classified 7          584 

inventory  of  supplies  and  unpaid  bills 8  584 

record  of  expenditures 5 

plant,  city  electrician  shall  superintend 3 

STREET   RAILROADS-SEE  RAILWAYS- 
STREETS—SEE  HIGHWAYS— 

cleaning  and  sprinkling  of 2 

committee  on  streets  and  alleys,  appointment  of.  ...     1 

numbering  of  buildings  on 2         |2T8 

offenses  on;  see  misdemeanors 507-521 

opening  of,  proceedings  for. 1-6    290-291 

SUBPOENA— 

president  of  council  may  issue,  when 13          533 

SUITS— 

affected,  how,  by  repeal  or  modification  of  ordinances  2  536 

against  city,  counselor  to  keep  record  of 1  295 

statement  in  police  court 1 

to  collect  tax  bills  for  opening  street 5  291 

for  sidewalk  repairs 12  4GO 

SUMMONS— 

to  be  issued  by  judge  of  police  court.... •">  •">- 

SUNDAY— 

business  houses  must  be  closed  on 38          517 

dramshops   must  be  closed   on 1-1 

SU I  »ERI  NTENDENTS— 

of  buildings;  see  buildings 261 

of  electric  light  plant;  see  electrician 

of  sanitary  affairs;  see  health  department 346 

of  street  cleaning;  see  street  commissioner 641 

of  workhouse;  see  workhouse . .  660 

SUPPLIES— 

for  offices,  comptroller  to  let  to  lowest  bidder 10          289 

on  hand  at  electric  light  plant,  inventory  of 8          584 

for  workhouse 1(>          665 

SUSPENSION— 

of  city  officer  by  mayor. 8          •~>:>>2 

SWIMMING— 

in  Missouri  river  or  ponds  restricted 39          ->1  < 

TAXES— SEE  SPECIAL  TAX  BILLS— 

receipts  for,  how  issued,  etc 5          645 

land  tax  book  delivered  to  comptroller,   when 9 

comptroller  to  certify  amount  to  be  raised  by  taxation     6 


760  INDEX  TO   GENERAL   ORDINANCES. 

TAXES— SEE  SPECIAL  TAX  BILLS— Continued.             SEC.  PAGE 

to  attend  sale  of  real  estate  for  taxes,  etc 8  288 

on  merchants  to  be  extended  and  collected 10, 12  498,  499 

compensation  for  collecting  delinquent 1  584 

on   property   of   telegraph   and   express   companies.  .     3  (54:; 

TELEGRAPH  COMPANIES— 

license  for 2  643 

TELEGRAPH  AND  TELEPHONE— 

poles,  regulations  for  setting  in  street 1  436 

poles  and  wires,  injury  to,  etc 16  511 

TEN  PIN  ALLEY— 

license  for 2  229 

not  allowed  in  connection   with   dramshop 16  606 

ten  pins  not  to  be  played  on  Sunday 38  517 

THEATRES— SEE   AMUSEMENTS— 

license  for 1  229 

how  paid 9  231 

intoxicating  liquors  not  to  be  sold  in 19  306 

THIEVES— SEE  VAGRANTS- 
TIE  VOTE— 

how  determined  by  lot 20  313 

TIME— 

established  for  city  of  St.  Joseph 1  643 

tested  by  what  clock 2  644 

TREASURER,  CITY— 

general  duties  of ' 1  644 

to  report  monthly  to  comptroller 2  645 

to  make  daily  report  of  disbursements 8  646 

may  employ  clerk , 3  (54.") 

bond  of 4  645 

tax  receipts,  how  issued  by 5  645 

shall  deposit  receipts  daily 6  646 

checks  of,  to  be  countersigned 7  646 

to  deliver  tax  books  to  comptroller,  when 9  646 

penalty  for  official  dereliction 10  646 

to  pay  over  dramshop  money  to  county  monthly ....  21  307 

collection  of  tax  bolls  for  opening  street 4  •  291 

for  repairing  sidewalks 11  459 

compensation  of,  for  collecting  delinquent  taxes ....     1  584 

TREES,  SHADE  AND  ORNAMENTAL— 

animal  injuring,  owner  liable 4  648 

hitching  to,  forbidden 20  512 

injuring  or  daubing  with  filth 18  511 

planted  in  streets  how 1  647 


INDEX  TO   GENERAL   ORDINANCES.  761 

TREES,   SHADE  AND  ORNAMENT  AT,— Continued.        SEC.  PAGE 

permit  must  be  obtained 

engineer  may  replant,  when 2 

must  not  obstruct  lamps 3  647 

TRIAL— SEE  POLICE  COURT— 

of  suspended  officer— procedure 8-1.7    532-534 

VXION  DEPOT-SEE  PASSENGER  DEPOTS— 

carriages  and   wagons,  at,  regulations  governing....     •"> 
UNLAWFULLY  ASSEMBLY— 

what  is !  507 

UNWHOLESOME  MEATS,  ETC.— 

sale  of,    prohibited 10  487 

VACANCIES— 

in  elective  office,  how  filled 22  314 

VACCINATION— 

indigent  poor,  duty  of  health  officer  in  regard  to....     6  354 
VAGRANTS— 

denned   1.  648 

pigeon  dropping  defined 2  650 

trials  of,  may  be  of  joint  offenders 3  650 

evidence  of,  reputation  admissible 4  650 

penalty  upon  conviction 5  650 

VAULT  CLEANERS— SEE   SCAVENGERS— 
VAULTS— SEE  EXCAVATIONS— 

under  sidewalk,  regulations  for  construction  of....  15  446 

penalty 16  447 

not  to  be  left  open 14  446 

VEGETABLE— 

stands  in  market,  regulations  governing 15  488 

parings,  etc.,  not  to  be  thrown  on  sidewalk 52  520 

VEHICLES— 

bicycles,   etc.,   governed  by  what  laws 1  657 

riders  must  keep  to  the  right 2  657 

not  to  ride  upon  sidewalk 3  658 

speed  limited,  in  what  district 4  658 

to   be    provided   with    alarm    bells 5  658 

coasting   prohibited 6  658 

penalty 7  658 

driving,  over  hose 21  512 

on  sidewalk '. 23  512 

must  keep  to  the  right 25  513 

drivers  of  hacks,  carriages,  etc.,  to  give  bond 6  654 

penalty  for  intoxication 7  654 

not  to  refuse  or  deceive  passenger 8  655 


l.XDKX     TO     (i  KM-:  UAL     ORDINANCES. 

VEHICLES—  Continued. 

bEc.  PAGE 

license  for  .......................................     !  G52 

registered   numuer  to  be   kept   on  ............                 2  053 

of  11011  resident  not  traiisf  errable  ................   10  055 

falsely  representing  residence  ...............  11  656 


movement  of,  in  crowded  street  ....................  4           442 

obstructing,    crosswalks    ...........................  12           445 

street  car  tracks  ...............................  3-4          573 

rates  of  fare,  for  carrying  passenger  or  baggage  ____  3           053 

to  be  posted  in  vehicle  ..........................  y          055 

for  job  wagons  ..............................  4-5          054 

stands  for  express  wagons,   etc.,   location  of  .......  1          050 

regulations  governing  ........................  2          057 

penalty  .....................................  3          057 

at  union  depot,  regulations  governing  ...........  3           543 

VETERINARY  HOSPITAL— 

not  to  be  operated  in  city  .........................  28          514 

VETO— 

effect  of,   passing  ordinance  over  ..................  0          537 

VITAL  STATISTICS— 

to  be  kept  by  board  of  health  ......................  1  301 

births  and  deaths  to  be  reported  ..................  2-3  301 

VOTING  PRECINCTS— 

designation  of  ...................................  1  258 

WAGONS—  SEE  VEHICLES— 
WAGON  YARD- 

license  for  .................  .....................  5  480 

WARDS— 

boundaries  of  ...................................  1  250 

WARRANTS,  (PROCESS)— 

judge  of  police  court  shall  issue  ...................  3  552 

unnecessary,   when    .............................  -±  553 

WARRANTS,  (ORDERS)— 

to  be  countersigned  by  comptroller  ................  2  239 

indebtedness  to  city  to  be  deducted  from  ...........  3  ::.>;) 

officer  must  not  deal  in  ...........................  5  532 

WATER  AND  GAS— 

committee  on,  appointment  of  ......................  1  284 

WATER  PIPES,  ETC.— 

excavations  for,  in  streets,  regulations  governing...  1  430 

of  St.  Joseph  Water  Co.,  not  to  be  interfered  with.  53  520 
WEAPONS— 

deadly  or  dangerous,  carrying  concealed  .  .             ...  7  508 


INDEX  TO   GENERAL  ORDINANCES.  763 

WEIGHMASTER— SEE  SCALES—  SEC.        PAGE 

WEIGHTS  AND  MEASURES— SEE  INSPECTOR  OF— 

to  be  inspected,  when '2  408 

fees  for  testing  and  sealing 3  40u 

refusal  to  have  measure,  etc.,  inspected,  penalty....     4  470 

proper  standard  to  be  used  for  testing 0  47u 

using  false  measure,  etc.,  penalty ."»  470 

WIRES— 

inspection  of  electrical 0-13    310-318 

telegraph,  telephone,  etc.,  injuring  or  interfering  with  10  511 
WINDOWS— 

on  sidewalk  regulated 10  445 

WITNESSES— SEE  POLICE   COURT— 

in  police  court  provisions  relating  to 21-28    557-555) 

chief  of  police  to  keep  a  record  of 32  500 

in  trial  of  suspended  officer,   may  be  subpoenaed .  .  13  535 

defaulting  witness  may  be  punished 14  533 

fees  to  be  paid 17  ."»:', j 

WOOD— 

dealer  or  agent,  license  for 5  480 

certificate  of  measurement  to  be  given  to  purchaser.     1  059 

cord  of,   how  computed 2  059 

penalty   for  diminishing   quantity :>  059 

WOODEN  BUILDINGS— SEEBUILDINGS— 
WORK— 

eight  hours  to  constitute  a  day's  work 20  535 

members  of  police  and  tire  departments  excepted.  20  535 
WORKHOUSE— 

establishment  of. 1  000 

superintendent,   appointment  of 3  001 

powers  and  duties 2  000 

to  keep  a  record  and  report  monthly 3,  7  583.  (>r>2 

articles  produced  may  be  sold 15  r»05 

commitment  or  release  of  prisoner,  duty  of  officers.  .     4  001 

chief  of  police  to  keep  a  record,  etc 5  002 

committee,     appointment  of 1  284 

to  examine  books  and  accounts 17  000 

discharge  or  escape  of  prisoner 0  002 

guards,   employment  of 9  003 

health  officer,  visiting  duties  of 11  004 

inventory  of  property,  when  returned 23  007 

obstructing  officer,  penalty  for 14  005 

prisoners  to  be  fed  three  times  daily 10  003 

required  to  labor 8  003 

punishment  for  refusing 18  000 


INDEX     TO     GENERAL     ORDINANCES. 

WORKHOUSE— Continued. 

QEi  .  .r  AGE 

amount  credited  for  labor 19  QQQ 

rules  of  discipline  shall  be  enforced 12  664 

prisoner  must  obey  orders 13  QQ§ 

separation  of  sexes 20  667 

supplies,  what  furnished,  how  purchased 16  665 

WRESTLING  EXHIBITION,  ETC.— 

license  for 1  229 

not  allowed  in  dramshop 16  3pr> 


YC  09665 


